Exam (elaborations)
CITP 3 EXAM QUESTIONS AND ANSWERS
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Exam of 17 pages for the course CITP at CITP (CITP 3 EXAM)
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CITP 3 EXAMWho does the fourth amendment protect? - answer· Citizens
· Non-citizens in the U.S
· Member of armed forces
· CORPORATIONS
Reasonable expectation of privacy? (REP) - answer Exists when a person exhibits an
actual expectation of privacy, and the expectation is one that society is prepared to
recognize as reasonable.
A seizure of a person occurs when? - answer-When a reasonable person would not feel
free to leave.
-The application of physical force to the body of a person with intent to restrain is a
seizure even if the person does not submit and is not subdued.
In regards to expectation of privacy define an open field? - answer-Any unoccupied or
undeveloped area outside of the curtilage
-No expectation of privacy legitimately attaches to open fields
Curtilage and open fields? - answer-Refers to the area immediately surrounding the
home, which is usually used for domestic purposes (e.g., garage, yard)
-Carries the same Fourth Amendment protection as the home
-Any other land is considered open field
-Open fields carry no Fourth Amendment protections
Terry Frisk? - answer-A pat-down search of a suspect's outer
clothing to discover weapons that could be used during an investigative.
-LEO's may not utilize this in an effort
to look for evidence of a crime.
Two requirements to justify a Terry frisk? - answer-The suspect is lawfully stopped.
-Reasonable suspicion the suspect was armed and dangerous.
Terry Frisk of Vehicle? - answer-Limited to passenger compartment and only unlocked
containers where weapon may be hidden.
,-An officer armed solely with reasonable suspicion may not search the trunk of a vehicle
when the motorist would not have been able to reach a weapon located there.
According to DOJ guidelines when can a LEO use race to justify stops/ arrest ? -
answer· LEO may not use race or ethnicity to any degree when deciding whether to
stop a person.
· However, race or ethnicity may be considered by the LEO in conjunction with a
specific suspect description.
· AGE is not a protective factor.
Identify when probable cause exists to the extent that an arrest or search may be
justified? - answer-No warrant shall issue but upon probable cause The facts necessary
to establish probable cause to obtain a warrant are the same as those required to
proceed without a warrant.
-Probable cause to search exists where the known facts and circumstances are
sufficient to warrant a man of reasonable prudence in the belief that contraband or
evidence of a crime will be found in the place to be searched
-Probable cause to arrest exists when the known facts and circumstances are sufficient
to warrant a prudent person in believing that the suspect had committed or was
committing an offense
Exclusionary rule? - answer· Evidence obtained as the result of an unlawful search or
seizure will not be admissible at trail.
· Judicially created to deter unlawful police conduct by limiting the use of evidence.
No Standing to Object? - answer· Defendant must have REP in the area/item search to
get 4th amendment protection.
· Seizure of evidence in a third-party's house/ vehicle may be used against defendant,
even if obtained in violation of 4th amendment.
Impeachment ? - answer· Evidence that has been suppressed may be used to impeach
a defendant's testimony/
· Retain evidence even if has been suppressed.
Good faith exception? - answer· LEO's get a search warrant and seize evidence.
· A court later determines no PC existed for the issuance of that warrant.
· The evidence will still be admissible (unless):
, -LEO's lied/ mislead the judge or acted in reckless disregard for the truth in the SW
affidavit,
-Judge was not neutral or detached,
-Warrant was so deficient on its face or lacking PC that no LEO could believe it was
valid.
Inevitable discovery? - answer· The LEO's would have discovered the evidence
anyway, without the illegal search or seizure, so it is admissible.
· Active independent investigation at the time of the illegal search or seizure Vs. any
independent investigation that may have occurred later.
Who is responsible for the designation, the revalidation, or the removal of identified
groups to or from the designated foreign terrorist list? - answerState Department
When can a member of a domestic extremist movement, would be investigated? -
answerMember is suspected of a crime, such planning, preparing, supporting or
conduct violent illegal behavior in furtherance of their extremist ideology.
Terrorism? - answerThe intimidation or coercion of a civilian population; or influence to
the policy or conduct of a government by actual or threatened used of mass destruction,
assassination, kidnapping, or hostage-taking.
Anti-terrorism? - answer-Defensive measures used to reduce the vulnerability of
individuals and property to terrorist acts, to include rapid containment by local military
and civilian forces.
Counterterrorism? - answerDirect actions taken against terrorist networks and indirect
actions to influence and render global and regional environments inhospitable to
terrorist networks.
Targeted violence? - answerGoal-directed, predatory, and focused criminal acts taken
against a specific individual or groups.
Sovereign citizens believe they fall under? - answerCommon law.
3 funding sources for terrorist financing? - answer-Criminal activity
-Charitable organization
-Offshore entities & companies
What are the 3 phases of the terrorist attack model? - answer-Decision
-Planning (research, surveillance, acquisition, rehearsal)
-Execution
-Escape & exploitation phase is apart of the execution phase.
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