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CITP Exam 4-Fourth Amendment Questions and Answers
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CITP Exam 4-Fourth Amendment
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CITP Exam 4-Fourth AmendmentWhat is Knock & Announce? - answer Executing warrants in dwellings, Supreme Court
Ruling to be apart of 4th amendment reasonableness requirement, must announce
authority & purpose
What are the steps in knock and announce? - answer Knock (give notice), Announce
your identity , announce your authority of purpose, demand entry
What is the purpose of the knock & announce? - answer Reduce potential violence to
both the officers/occupants of the house, prevent/reduce needless destruction of private
property, recognize individuals right of privacy in his/her home
What can you go in, break open, and make entry? - answer After a reasonable amount
of time
Is force the only manner in which the government can violate knock & announce? -
answer No, its prohibits an unannounced intrusion into a dwelling
What does break open include? - answer Breaking down a door, forcing open chain lock
on partially open door, opening a locked door by use of a pass key, opening a closed by
unlocked door
Does knocking only include knocking on the door? - answerNo, you can use phone call,
bullhorn, police loudspeaker, public address system
When can you make entry after silence occurs? - answerAfter waiting a reasonable
amount of time
What are some of the factors in regards to Silence/Knock & Announce? - answerTime
of day, size/physical layout of house, nature of the crime, evidence indicating guilt of
suspect, nature of evidence, how long it would take to destroy evidence, defensive
measures taken by suspect
What are some more factors when you can enter a home in regards to knock &
announce? - answerSounds of flight, seeing/hearing destruction of evidence, verbal
refusal, gunfire
What are exigent circumstances in regards to knock & announce? - answerDanger to
officers/3rd partners (reasonable suspicion), destruction of evidence (reasonable
suspicion), hot pursuit
, What is a useless gesture? - answerDon't have to knock & announce because suspect
is already aware of LE presence
Can you use a ruse/decoy in regards to knock & announce? - answerYes, using an
undercover agent, getting in to house by hiding LE identity
When a ruse fails, will the knock/announce rule apply to a later forcible entry? -
answerYes
When does knock and announce rule NOT apply? - answerDoor is already open,
normal force of knocking opens door
Will evidence be suppressed or not admitted in court if LE doesn't follow knock &
announce? - answerNo, but you have to follow the law, you can be susceptible to civil
liability/administrative disciplines
Who will issue a no knock warrant? - answerMagistrate Judge
What are the factors determining a no knock warrant? - answerReasonable ahead of
time, exigent circumstances
Who can request a search warrant? - answerFederal Law Enforcement Officer, Attorney
for the government
Officers are required to obtain the __________ of the United States attorneys office
before applying for a search warrant - answerConcurrence
For a search warrant what is federal law enforcement officer defined as? -
answerGovernment agent (not an attorney) who is engaged in enforcing the criminal
laws/within any category of officers authorized by the attorney general to request a
search warrant
Who usually issues a search warrant? - answerMagistrate Judge
Who else can issue a search warrant? - answerDistrict Court, Circuit Court, Supreme
Court, State Court WHO KEEPS RECORDS (LAST RESORT)
What is the essential feature of of a court of record? - answerMust make and keep
permanent record of the courts proceedings
To issue a search warrant the judge has to be _________ & _____________ -
answerNeutral & Detached
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