CITP EXAM 3 2024 ACTUAL EXAM 150 QUESTIONS AND
CORRECT DETAILED ANSWERS WITH RATIONALES AGRADE
Recognize when the fourth amendment applies
to government actions - CORRECT ANSWER
>>>>1. Whether the government knows or
acquiesce in the private actor's conduct
2. whether the private party intents to assist law
enforcement officers at the time of the search
3. whether the government affirmatively
encourages, initiates, or participates in the
private action
Identify situations when a reasonable expectation
of privacy exists - CORRECT ANSWER >>>>>The
individual must have exhibited an actual
expectation of privacy
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>The expectation must be one the society (as
determined by the Supreme Court) is prepared to
recognize as reasonable
Common search areas without REP - 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
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
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daylight; thermal imaging would be considered a
search
>Aircraft Overflights - what is visible to the naked
eye does not have REP
>Cell Site Location Information - conversations do
not have REP when using naked ears
Identify actions that may be taken when
reasonable suspicion exists - CORRECT ANSWER
>>>>1. a consensual encounter
2. Investigative detention
3. Terry Frisk
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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investigative detentions - CORRECT ANSWER
>>>>Reasonable suspicion criminal activity is
afoot
1. reasonable suspicion - could be collective
knowledge from other LEOs; personal
observations; quality or quantity of a tip
2. criminal activity is afoot - crime is about to
be/has been/is being committed
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
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