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CITP EXAM 4-FOURTH AMENDMENT QUESTIONS AND ANSWERS WITH VERIFIED SOLUTIONS 2024
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CITP EXAM 4-FOURTH AMENDMENT QUESTIONS AND ANSWERS WITH VERIFIED SOLUTIONS 2024
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CITP EXAM 4-FOURTH AMENDMENTQUESTIONS AND ANSWERS WITH
VERIFIED SOLUTIONS 2024
What 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? - ANSWER No, you can use phone call, bullhorn, police
loudspeaker, public address system
When can you make entry after silence occurs? - ANSWER After waiting a reasonable amount of time
What are some of the factors in regards to Silence/Knock & Announce? - ANSWER Time 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? - ANSWER
Sounds of flight, seeing/hearing destruction of evidence, verbal refusal, gunfire
, What are exigent circumstances in regards to knock & announce? - ANSWER Danger to officers/3rd
partners (reasonable suspicion), destruction of evidence (reasonable suspicion), hot pursuit
What is a useless gesture? - ANSWER Don't have to knock & announce because suspect is already aware
of LE presence
Can you use a ruse/decoy in regards to knock & announce? - ANSWER Yes, 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? - ANSWER Yes
When does knock and announce rule NOT apply? - ANSWER Door 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? - ANSWER
No, but you have to follow the law, you can be susceptible to civil liability/administrative disciplines
Who will issue a no knock warrant? - ANSWER Magistrate Judge
What are the factors determining a no knock warrant? - ANSWER Reasonable ahead of time, exigent
circumstances
Who can request a search warrant? - ANSWER Federal 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 - ANSWER Concurrence
For a search warrant what is federal law enforcement officer defined as? - ANSWER Government 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
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