Exam 6: Arrests and Use of Force

The vehicle or automobile exception is an exception to the requirement that police have ________ before conducting a search.

After a police officer issues a stopped motorist a citation for a traffic offense, the officer can search the stopped car without the motorist's consent.

The exigent circumstance constituting the need to apprehend a fleeing suspect is ______.

Identify three exceptions to the "knock and announce" rule.

Concerning arrests for minor crimes, the Supreme Court has decided to leave to police discretion whether suspects ought to be searched incident to their arrest.

In Wyoming v. Houghton, concerning the search of a passenger's purse for drugs based on probable cause that drugs are in the vehicle, the U.S. Supreme Court declared that:

Which of the following government interests are protected by the rule that searches incident to arrest are reasonable? I. the interest in protecting law enforcement officers II. the interest in preserving evidence III. the interest in the suspects reasonable expectation of privacy IV. the interest in preventing the escape of suspects

Voluntary and knowing searches require neither a warrant nor probable cause.

According to the Court of Appeals decision in United States v. Rodney:

The Fourth Amendment particularity requirement for search warrants:

In U.S. v. Robinson (1973), the police had stopped the defendant for driving with a revoked driver's permit. The Supreme Court's ruling with respect to the legality of the search of the defendant is important because it held that:

According to the Supreme Court in Chimel v. California, involving the search of a house incident to an arrest for burglary of a coin shop:

Which is true about containers?

Generally, no-knock entries to execute search warrants are permitted if certain conditions exist. These conditions include: I. the suspect in the crime owns the place to be searched. II. a situation where the suspect might easily destroy evidence. III the seizure involves more than one suspect. IV. an announced entry would endanger the officers' safety.

Describe a search incident to a pretext arrest, and explain its significance.

The major issue of contention between the Supreme Court majority opinion and the dissenting opinion in Schneckloth v. Bustamonte, the case involving the consent search of the defendant's car, was:

Concerning pretext searches: I. they are powerful investigative tools that police use to gather evidence against suspects. II. they are used with searches incident to arrest. III. officers using them usually have probable cause to arrest for some felony. IV. the Supreme Court has decided that they do not violate the Fourth Amendment.

According to Supreme Court Justice Robert H. Jackson, Chief prosecutor at the Nuremberg Trials appointed by President Truman: I. uncontrolled searches and seizures are one of the first and most effective Weapons of every arbitrary government. II. the right against searches and seizures is one of the most difficult to protect. III. the Fourth Amendment should be placed in a "deferred" instead of the "preferred" position by the Court. IV. Americans do not fully appreciate the importance of the Fourth Amendment Protection.

Subjective intentions of the police play an important role in ordinary, probable cause Fourth Amendment analysis.

The voluntariness test for deciding when a citizen has given lawful consent to search reflects a balance between the competing concerns of lawful enforcement's need for consent searches and citizens' right to be free from police coercion.