Chapter 9 '22-'23 4th Amendment Test - Probable Cause

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9 questions

Note from the author:

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Instructions

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Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Enmienda IV
No se violará el derecho de las personas a estar seguras en sus personas, casas, papeles y efectos, contra búsquedas y decomisos irrazonables, y no se emitirán órdenes judiciales, sino por causa probable, apoyadas por juramento o afirmación, y en particular describiendo el lugar a buscar, y las personas o cosas que deban ser incautadas.

Match the term with the correct explanation

Draggable item		Corresponding Item
Stop & Frisk		Protects against unreasonable searches and seizures.
Warrant		Circumstances exist for an officer to reasonably believe that a suspect has committed, is committing, or is attempting to commit a crime
4th Amendment		A brief pat down of a suspect based on a reasonable suspicion (facts) that the person is engaged in criminal activity.
Probable Cause		Order signed by a magistrate judge allowing law enforcement to search a particular location for a specific item(s) or to seize a person based upon a showing of Probable Cause.

Examine the following situations. Decide whether the search violates the Fourth Amendment.  True it violates, False it does not.

a. The police see Dell standing at a bus stop in an area known for drug dealing. They stop and search him, finding drugs in his pocket.

b. After Brandon checks out of a hotel, the police ask the hotel manager to turn over the contents of the wastebasket, where they find notes planning a murder.

c. Jill’s ex-boyfriend breaks into her apartment and looks through her desk for love letters. Instead he finds drugs, which he gives to the police.

Maggie is a Junior at a very expensive private high school. A teacher picks up a note suggesting Maggie has some diet pills to help everyone stay up to study. The teacher gives the note to the headmaster who conducts a search of Maggie's bag and locker and finds nothing.

Sandi is suspected of receiving stolen goods. The police go to her house and ask Claire, her roommate, if they can search the house. Claire gives them permission, and they find stolen items in Sandi’s dresser.

Chapter 9 '22-'23 4th Amendment Test - Probable Cause

Amendment IV

Match the term with the correct explanation

a. The police see Dell standing at a bus stop in an area known for drug dealing. They stop and search him, finding drugs in his pocket.

b. After Brandon checks out of a hotel, the police ask the hotel manager to turn over the contents of the wastebasket, where they find notes planning a murder.

c. Jill’s ex-boyfriend breaks into her apartment and looks through her desk for love letters. Instead he finds drugs, which he gives to the police.

Maggie is a Junior at a very expensive private high school. A teacher picks up a note suggesting Maggie has some diet pills to help everyone stay up to study. The teacher gives the note to the headmaster who conducts a search of Maggie's bag and locker and finds nothing.

What is the legal issue?

What rule will apply? Explain the rule

Apply the rule to the facts.

Conclusion