CITP EXAM 3 - to government actions CORRECT ANSWER : 1. Wheth...

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CITP EXAM 3

Question: Recognize when the fourth amendment applies

to government actions

CORRECT ANSWER : 1. Whether the government

knows or acquiesce in the private actor's conduct

• whether the private party intents to assist law

enforcement officers at the time of the search

• whether the government affirmatively encourages,

initiates, or participates in the private action

Question: Identify situations when a reasonable

expectation of privacy exists

CORRECT ANSWER : >The individual must have

exhibited an actual expectation of privacy >The expectation must be one the society (as determined by the Supreme Court) is prepared to recognize as reasonable

Question: Common search areas without REP

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CORRECT ANSWER : the body (except inside the

body) passengers do not have REP but their stuff does Open Fields even if there are 'no trespassing signs' Government workplaces - REP could exist depending on prior notice (computer banners of limited or no REP), common practices, openness and accessibility of the area, whether the position of the employee requires special trust and confidence, whether the employee waived REP through bargaining process >Abandoned Property

Question: Methods and Devices for searches

CORRECT ANSWER : >Canine Sniffs - luggage in a

public space has no REP >Sensory Enhancements - use of lights at night does not create a 'search' if otherwise visible in daylight; thermal imaging would be considered a search >Aircraft Overflights - what is visible to the naked eye does not have REP

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>Cell Site Location Information - conversations do not have REP when using naked ears

Question: Identify actions that may be taken when

reasonable suspicion exists

CORRECT ANSWER : 1. a consensual encounter

• Investigative detention
• Terry Frisk

Question: a consensual encounter

CORRECT ANSWER : a hunch or mere suspicion (not a

seizure) brief voluntary encounter between a law enforcement officer and an individual an officer may ask questions even incriminating ones the officer may request (not demand) to see ID the officer may ID him/herself and display credentials the officer may seek consent for a search or frisk

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Question: investigative detentions

CORRECT ANSWER : Reasonable suspicion criminal

activity is afoot

• reasonable suspicion - could be collective knowledge

from other LEOs; personal observations; quality or quantity of a tip

• criminal activity is afoot - crime is about to be/has

been/is being committed

Question: whats a terry frisk

CORRECT ANSWER : RSPAAD

detention the officer must reasonably suspect that the person is presently armed and dangerous plain touch doctrine to seize evidence - discovery must be lawful; item must be immediately apparent to the officer without manipulation frisks of vehicles can be unlocked containers/entire passenger compartment cannot frisk the trunk