Seizures of persons and suspicionless searches Bar Exam Flashcards - Medical Study Cards
Master Seizures of persons and suspicionless searches with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Seizures of persons and suspicionless searches Flashcard Deck - 8 Cards
Flashcard 1: What factors determine if a Terry stop has become an arrest?
Answer: The line between a Terry stop and an arrest turns on the objective character of the restraint. A stop becomes an arrest when the restraint is materially more intrusive than the temporary investigation reasonably requires, considering its duration, location, movement, force, and questioning. Transporting a suspect to a police station ordinarily signals an arrest.
Flashcard 2: What is the primary purpose that justifies a suspicionless search, and what is a common boundary fact that limits its scope?
Answer: A suspicionless search is justified by a special administrative purpose that replaces individualized suspicion. The program must be neutral, minimally discretionary, and limited to that purpose. A common boundary fact is that if the real primary purpose is ordinary crime control, the exception generally fails.
Flashcard 3: When does the Fourth Amendment apply to a search conducted by a private person?
Answer: The Fourth Amendment applies to a private search only if the private person is acting as a government agent or instrument, or if police direct, encourage, or substantially participate in the search. It does not apply to genuinely private searches conducted without government involvement.
Flashcard 4: What two primary tests determine if government conduct constitutes a 'search' under the Fourth Amendment?
Answer: Under Katz, a search occurs if a person has an actual expectation of privacy that society recognizes as reasonable. Under Jones, a search occurs if officers physically intrude on a constitutionally protected area (person, house, paper, or effect) to obtain information.
Flashcard 5: Explain the 'false friend' doctrine and the key distinction for dog sniffs in Fourth Amendment search analysis.
Answer: Under the 'false friend' doctrine, there is no search when a target voluntarily exposes information to an informant or undercover officer. For dog sniffs, it's generally not a search in public places (only revealing contraband), but it IS a search if officers physically intrude on protected curtilage (e.g., a home's porch) to conduct the sniff.
Flashcard 6: What are the two primary ways government conduct can be classified as a Fourth Amendment search?
Answer: A search occurs if government conduct invades a reasonable expectation of privacy (Katz test) or involves a physical trespass on protected property to obtain information (Jones test).
Flashcard 7: When may police conduct a warrantless search based on consent?
Answer: Police may search without a warrant or probable cause when a person with actual or apparent authority voluntarily consents; voluntariness is judged from the totality of the circumstances, and the search must remain within the consent’s scope.
Flashcard 8: What constitutional requirements must a search warrant satisfy?
Answer: A warrant must be issued by a neutral and detached magistrate, supported by probable cause, and particularly describe the place to be searched and the persons or things to be seized. The warrant must also be based on a sworn application.
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