Intro to Fourth Amendment Search and Seizure
Assessment Questions
Question 1
Which of the following statements about the language of the Fourth Amendment is not true?
a
It prohibits “unreasonable searches and seizures.”
b
It protects “persons, real property, papers, and effects.”
c
It requires an “oath or affirmation” for a warrant to issue.
d
It requires that every search warrant “particularly describe the place to be searched.”
Choice B is incorrect because the Fourth Amendment states that it protects “persons, houses, papers, and effects,” not “real property” generally.
Question 2
Which of the following is not an overarching question to consider in your Fourth Amendment analysis?
a
Did the search or seizure comply with constitutional rules?
b
Will the evidence obtained by the search or seizure be excluded from any criminal trial?
c
Will the evidence obtained by the search or seizure be excluded from any civil trial?
d
Was there a search or seizure such that the Fourth Amendment applies?
When you see a Fourth Amendment question on the MBE, you should ask three questions. Was this a search or seizure? If so, did the government comply with the Fourth Amendment? And if not, will the evidence be excluded from a criminal trial? Fourth Amendment issues can arise in civil trials, but that’s not the way the bar examiners like to test them.
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