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Quiz #2 Material
Quiz #2 Material
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Questions
26
Answers
1
Minimal bodily intrusions are generally NOT a search for 4th A purposes.
True
False
2
The sniff by a trained dog of luggage at an airport is a search under the 4th amendment?
I don't know
Yes
I don't care
No
3
Which case limited the silver platter doctrine?
Mapp v Ohio
Byars v US
Cup v Murphy
Rochin v California
4
The ER only applies to direct evidence.
False
True
5
In
Jardines,
the K9 sniff:
Was a search, dog never allowed on curtilage
Was a search, they trespassed
Was not a search, similar to regular visitors
Was not a search, no REOP
6
Rochin v. CA held:
Evidence not excluded bc no ER to the states
Evidence not excluded because it shocked the conscience
Evidence excluded bc shocked the conscience
Evidence excluded because ER applied
7
If the Officer brought the Drug Sniffing K-9 at the beginning of the stop, US v. Rodriguez would have different holding
False
True
8
After
Kyllo,
any item in "general public use" is not a search.
False
True
9
After
US v. Rodriguez
, dog sniffs in public places are illegal.
False
True
10
In FOPT, the tree is the secondary evidence.
False
True
11
Why is the holding of
Jardines
similar to the holding of
Kyllo
?
It isn't, this is a trick
I have no idea
Both involve items in general public use
Both involve searches within home otherwise wouldn't get unless entered
12
The case that held the law in the prior slide is:
Scooby v. Snoopy
US v. Place
US v. Rodriguez
Fla v. Jardines
13
The ER first applied to the states in:
Fla v. Jardines
Mapp v. OH
Silverthorne v. US
Weeks v. US
14
Under what theory/law, did the USSC decide Jones?
Trespass
Katz REOP
Consent
ER
15
The policy reasons for Mapp were:
Incentive and uniformity
Maintai judicial integrity & incentive
Deterrence & maintain judicial integrity
Deterrence and incentive
16
US v. Jones was decided for Jones because the warrant was expired
False
True
17
After
US v. Jones
, the test for whether a search is:
Either Trespass or REOP
Both Trespass and REOP
Only REOP
Only Trespass
18
Silverthorne held tainted evidence cannot be used at all.
True
False
19
Weeks v. US held:
ER applied to both searches
Not re: ER, this is a trick
ER applied to the state search only
ER applied to the fed search only
20
Fruit of poisonous tree (FOPT) is an extension of the ER.
True
False
21
Police break into A's car to get evidence they have a hunch is there. This is:
Allowed, they are the police.
Not allowed, under the ER.
Allowed, they were getting evidence
Allowed, there's no 4th protection in car.
22
Today, the test for whether there is a const. search is...
Trespass
Standing
REOP
Trespass and REOP
23
US v. Rodriguez held:
Dog sniff of a car after completion of traffic stop is illegal
Dog sniff of a car is illegal
Not about a dog at all, this is a trick
Dog sniff of a car is legal
24
The USSC held in
Kyllo
that the use of a thermal imager on a home was a search.
True
False
25
In MA, there is no REOP in social media.
True
False
26
In Commonwealth v. McCarthy, the SJC said
Use of ALPR never violates REOP
Use of ALPR is a trespass
Use of ALPR's could violation REOP
WTF is ALPR?