Exam 6: Arrests and Use of Force

In Illinois v. Rodriguez (1990), the police conducted the consent search of the suspect's apartment based on the consent of the suspect's former girlfriend. According to the Supreme Court's opinion:

Who among the following can give consent for a third person? I. parents for their minor children. II. roommates, consenting to searches of the common areas, for those who share apartments with them. III. wife consents to a search of house she shares with spouse. IV. janitor consents to a search of his suspect employer's premises.

According to the Supreme Court opinion in Schneckloth v. Bustamonte, involving a search of a car obtained by consent: I. the question of whether consent was voluntary is a question of fact to be determined by the totality of all the circumstances. II. the government need not prove that citizens know they have a right to refuse consent. III. probable cause is required to conduct consent searches. IV. consent searches can only be conducted if it is inconvenient to get a warrant.

The following are all examples of emergency search situations except:

According to the Supreme Court's decision in Whren v. U.S, concerning the use of a pretext arrest in a drug search:

Police officers at the scene of a fire: I. do not need a warrant to remain in a burned building to look for injured victims. II. do not need a warrant to remain in a burned building to investigate the cause of the fire or explosion. III. must get a warrant to search for evidence of crime once they determine the cause of the fire. IV. can search suspicious onlookers without a warrant.

Identify four emergency searches, and describe why each falls under the exception to the warrant requirement.

In Arizona v. Gant (2009), the Supreme Court ruled:

If police officers have probable cause to search and they reasonably believe that evidence is in imminent danger of destruction, they can search without a warrant.

The expectation of privacy that people have in their briefcases, purses and luggage is less than the expectation of privacy that they have in their homes, but greater than the expectation they have in their vehicles.

The third question in the law of searches asks "__________________________?"

Law enforcement officers often prefer searches without warrants because of the time or effort it takes to get a warrant issued.

Frustration with the amount of time and effort it can take to get a warrant often tempts police to avoid the Fourth Amendment's warrant requirement.

The Fourth Amendment does not prohibit all "no-knock" entries.

According to the Supreme Court in New York v. Belton, involving a search of the passenger compartment of a car and its contents incident to an arrest:

Regarding consent searches: I. they require probable cause. II. they may be authorized by persons other than the owner of the property searched. III. the scope of the search may be limited by the person consenting. IV. according to recent case law, the consent to search may be withdrawn at any time.

The requirement that search warrants have to "particularly describe the place to be searched" is known as .

Which of the following items may be considered containers for purposes of Fourth Amendment searches without warrants? I. a brown paper bag II. a small briefcase III. a sport duffel bag IV. a backpack

In Wilson v. Arkansas, the Supreme Court unanimously decided that:

A arrest occurs when an officer uses a legal justification to stop a vehicle to search for evidence of an unrelated serious crime for which he did not have the probable cause necessary to support the stop.