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4TH AMENDMENT PRACTICE EXAM QUESTIONS LMPT 2301 (ANSWERED) CORRECTLY & SCORED A+
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4TH AMENDMENT PRACTICE EXAM QUESTIONS LMPT 2301 (ANSWERED) CORRECTLY & SCORED A+
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4TH AMENDMENTPRACTICE EXAM
QUESTIONS LMPT
2301 (ANSWERED)
CORRECTLY & SCORED
A+
Evatee 9/24/24 LMPT 2301
,4TH AMENDMENT PRACTICE EXAM
QUESTIONS LMPT 2301 (ANSWERED)
CORRECTLY & SCORED A+
1. Thompson is suspected of running a counterfeiting operation out of his
garage. The garage is attached to the
dwelling. Without a warrant, three officers step onto his curtilage, shine a
flashlight into the garage, and take a
quick look. They observe a number of what appear to be $100 bills hanging
from a clothesline. Was the
observation into the garage lawful?
a. No, because the officers physically intruded on a constitutionally protected
location without either a warrant or
an exception to the 4th Amendment.
b. No, because the use of a flashlight violated Thompson's reasonable
expectation of privacy.
c. Yes, because the garage does not have curtilage because it is not a dwelling.
d. Yes, because the garage itself was not within the curtilage of Thompson's
dwelling. Answer - a. No, because the officers physically intruded on a
constitutionally protected location without either a warrant or an
exception to the 4th Amendment.
CORRECT: The root of the question says that the officers were on Thompson's
curtilage. The officers did not
have a warrant to be there and there is no 4th Amendment exception.
Accordingly, the observation was unlawful
and the information they obtained cannot be lawfully used to obtain a warrant.
,b. No, because the use of a flashlight violated Thompson's reasonable
expectation of privacy.
INCORRECT: Using a flashlight, by itself, does not violate a person's REP.
c. Yes, because the garage does not have curtilage because it is not a dwelling.
INCORRECT: Curtilage is not limited to dwellings and includes areas
surrounding a dwelling. (Review your
student text.)
d. Yes, because the garage itself was not within the curtilage of Thompson's
dwelling.
INCORRECT: The garage was attached to the house so it was very likely on the
curtilage. More importantly,
the officers were unlawfully on the curtilage when they made their
observations.
2. Agents develop reasonable suspicion that Wooster is operating a stolen
credit card ring. Upon seeing Wooster driving in his car one afternoon, the
agents follow him. When he arrives at a shopping mall, the agents approach
him, identify themselves, and tell him to put his hands on his automobile. One
of the agents frisks him and, in the upper left hand pocket, feels what is
immediately apparent to him as a stack of credit cards bound by a rubber band.
The agent removes the credit cards and, ultimately, determines that they are
stolen. Wooster's motion to suppress the credit cards will be -
a. Denied, because the agents had reasonable suspicion of criminal activity.
b. Denied, because the agents had probable cause to remove the cards from
his pocket under the "plain touch" doctrine.
c. Granted, because the agents performed an illegal "frisk" of Wooster.
d. Granted, because a "frisk" may result only in the discovery Answer - 4th
Amendment Practice Exam
2
2. Agents develop reasonable suspicion that Wooster is operating a stolen
credit card ring. Upon seeing Wooster driving in his car one afternoon, the
, agents follow him. When he arrives at a shopping mall, the agents approach
him, identify themselves, and tell him to put his hands on his automobile. One
of the agents frisks him and, in the upper left hand pocket, feels what is
immediately apparent to him as a stack of credit cards bound by a rubber band.
The agent removes the credit cards and, ultimately, determines that they are
stolen. Wooster's motion to suppress the credit cards will be -
a. Denied, because the agents had reasonable suspicion of criminal activity.
b. Denied, because the agents had probable cause to remove the cards from
his pocket under the "plain touch" doctrine.
c. Granted, because the agents performed an illegal "frisk" of Wooster.
d. Granted, because a "frisk" may result only in the discovery of weapons on a
suspect.
a. Denied, because the agents had reasonable suspicion of criminal activity.
INCORRECT: The officers only had reasonable suspicion criminal activity was
afoot which would allow them to make a Terry stop and direct Wooster out of
his car. The officers did not have reasonable suspicion that Wooster was
presently armed and dangerous making the Terry frisk illegal. The crime of
operating a stolen credit card ring is not the type of offense which would give
R/S a person is presently armed and dangerous (like one would have with R/S
someone committed a robbery or burglary.)
b. Denied, because the agents had probable cause to remove the cards from
his pocket under the "plain touch" doctrine.
INCORRECT: The Terry frisk was illegal. (See a above.) The credit cards were
discovered during an illegal frisk. If the officers had R/S Wooster was presently
armed and da
3. Johnson is arrested for drunk driving and failing to pay child support. He
agrees to share information with the police to avoid prosecution. Having been
personally involved in every aspect of an ongoing stolen paycheck operation,
Johnson explained the intimate details to the police of what he saw and did
with Fred, a co-criminal. Based on his statements alone, the officers seek a
search warrant for the co-criminal's premises where Johnson stated he saw
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