Question 1

The prosecutor attempting to introduce into court evidence obtained as a result of a consent search must show beyond a reasonable doubt that the consent was voluntary.

Accepted Answer

A) True 
 B)False  False

Question 2

Without a signed consent form,the validity of the search is easily challenged.

Accepted Answer

A) True 
 B)False  True

Question 3

Can a person who is intoxicated give consent to search his/her property? Discuss why or why not.

Accepted Answer

No, a person who is intoxicated cannot give valid consent to search his/her property. When a person is intoxicated, their ability to make rational and informed decisions is impaired. This means that they may not fully understand the consequences of giving consent to a search, and they may not be able to fully comprehend their rights in that situation.

Additionally, the Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures. In order for a search to be considered valid, it must be conducted with either a warrant or with the voluntary consent of the individual. However, if the individual is intoxicated and unable to give valid consent, any search conducted without a warrant would likely be considered a violation of their constitutional rights.

In summary, a person who is intoxicated cannot give valid consent to search his/her property because they may not fully understand the situation and their rights, and any search conducted without valid consent would likely be considered a violation of their constitutional rights.

Question 4

If a motorist is too intoxicated to drive,they are automatically too intoxicated to give valid consent.

Accepted Answer

A) True 
 B)False

Question 5

?The police respond to a disorderly conduct call.Upon arriving at the residence,the owner invited the police into the residence.Which of the following is a true statement?

Accepted Answer

A)  The officer(s) is/are free to enter the residence, but cannot search or seize items under any circumstances. 
B)  The officer(s) is/are free to enter the residence and can seize items in plain view, but cannot search for items. 
C)  The officer(s) cannot enter the residence. 
D)  The officer(s) can enter the residence and can search the room they enter into, but no other rooms in the house. 
A)  The officer(s) is/are free to enter the residence, but cannot search or seize items under any circumstances. 
B)  The officer(s) is/are free to enter the residence and can seize items in plain view, but cannot search for items. 
C)  The officer(s) cannot enter the residence. 
D)  The officer(s) can enter the residence and can search the room they enter into, but no other rooms in the house.

Question 6

Detail some of the benefits of a consent search to the law enforcement officer and the person being searched.

Accepted Answer

Consent searches provide several benefit

Question 7

To establish that consent was valid,the prosecutor must show

Accepted Answer

A)  only that the consenter had authority. 
B)  that the consenter had authority and gave consent voluntarily. 
C)  that the consenter had authority, gave consent voluntarily, and was informed by police of his right to refuse consent. 
D)  that probable cause existed regardless of the consent. 
A)  only that the consenter had authority. 
B)  that the consenter had authority and gave consent voluntarily. 
C)  that the consenter had authority, gave consent voluntarily, and was informed by police of his right to refuse consent. 
D)  that probable cause existed regardless of the consent.

Question 8

Briefly discuss the authority of parents to grant consent to search their child's property.Also,briefly discuss a child's authority to grant consent to search a parent's residence.

Accepted Answer

The authority of parents to grant consen

Question 9

Campus police at a state college have facts leading them to believe that a college student has marijuana in her shared dorm room.They want to search her room without a warrant.They

Accepted Answer

A)  may search it with permission of the president. 
B)  may search all areas of the room with permission of her roommate. 
C)  may search it without anyone's permission. 
D)  must obtain the suspect's permission. 
A)  may search it with permission of the president. 
B)  may search all areas of the room with permission of her roommate. 
C)  may search it without anyone's permission. 
D)  must obtain the suspect's permission.

Question 10

An officer,gun drawn,pursues a suspect on foot and catches up to him just as he is about to enter his residence.Following a pat down that revealed no weapons,the officer placed his firearm back in its holster then asked for and was granted permission to enter the residence for the purpose of conducting a search of the home for weapons.The officer discovered illegal weapons in the home.The search will most likely be:

Accepted Answer

A)  ruled legal and the gun evidence admitted into the record. 
B)  ruled legal only if the offender is judged to have been under formal legal arrest at the time of consent. 
C)  ruled illegal because the officer had no probable cause to enter and search. 
D)  ruled illegal because during the initial detention of the suspect the officer had his gun firearm drawn. 
A)  ruled legal and the gun evidence admitted into the record. 
B)  ruled legal only if the offender is judged to have been under formal legal arrest at the time of consent. 
C)  ruled illegal because the officer had no probable cause to enter and search. 
D)  ruled illegal because during the initial detention of the suspect the officer had his gun firearm drawn.

Question 11

Officers have stopped a motorist and recognize him from a previous drug arrest.They ask and he consents to a search of the car.Just as an officer is about to reach under the passenger seat the suspect says,"Stop.I've changed my mind.No more search." The officers

Accepted Answer

A)  now have probable cause and may continue the search. 
B)  must stop the search and let the driver go but may impound the car. 
C)  may arrest the driver and justify the search under Belton. 
D)  must stop the search and not use the withdrawal of consent as an excuse to detain him further. 
A)  now have probable cause and may continue the search. 
B)  must stop the search and let the driver go but may impound the car. 
C)  may arrest the driver and justify the search under Belton. 
D)  must stop the search and not use the withdrawal of consent as an excuse to detain him further.

Question 12

The main advantage of a consent search for law enforcement personnel is that

Accepted Answer

A)  it is more convenient than the warrant procedure. 
B)  it is not as much probable cause than is required in other searches. 
C)  it is easier to prove validity of consent than it is to prove other procedures. 
D)  consent can be obtained from persons other than the suspect. 
A)  it is more convenient than the warrant procedure. 
B)  it is not as much probable cause than is required in other searches. 
C)  it is easier to prove validity of consent than it is to prove other procedures. 
D)  consent can be obtained from persons other than the suspect.

Question 13

The rule of law from Schneckloth v.Bustamonte (1973)is that knowledge of the right to refuse consent is

Accepted Answer

A)  essential to voluntary consent to search. 
B)  the most important factor in voluntariness of consent. 
C)  only one factor in voluntariness of consent. 
D)  unimportant in voluntariness of consent. 
A)  essential to voluntary consent to search. 
B)  the most important factor in voluntariness of consent. 
C)  only one factor in voluntariness of consent. 
D)  unimportant in voluntariness of consent.

Question 14

?Consent given based on a false belief that an officer has a right to search is still considered voluntary consent.

Accepted Answer

A) True 
 B)False

Question 15

A suspect has been injured while resisting arrest.Which of the following would be the best strategy for officers to obtain a valid consent from the suspect?

Accepted Answer

A)  Give him Miranda warnings. 
B)  Remove any restraints. 
C)  Just ask him, since the injuries were his fault and they have no bearing. 
D)  Advise him he does not have to consent. 
A)  Give him Miranda warnings. 
B)  Remove any restraints. 
C)  Just ask him, since the injuries were his fault and they have no bearing. 
D)  Advise him he does not have to consent.

Question 16

What are some of the circumstances that must be present in determining whether or not a consent search is truly voluntary?

Accepted Answer

In determining whether a consent search

Question 17

Define what is meant by a "bailee" and when he/she may be able to give legal consent for a search of property.

Accepted Answer

A "bailee" is a person or entity who has

Question 18

A person's consent to an officer's request to enter his or her residence ________________ grant the officer a right to search.

Accepted Answer

does not a

Question 19

Under what circumstances can a hotel manager give consent to search a room occupied by a guest or previously occupied by a guest?

Accepted Answer

A hotel manager's authority to consent t

Question 20

A person giving police the authority to search by consenting to the request to search may limit the scope of the search to particular areas or items.When the citizen consents to a search in this way it is called a ___________ grant of consent.

Accepted Answer

The answer of A person giving police the authority to...

The prosecutor attempting to introduce into court evidence obtained as a result of a consent search must show beyond a reasonable doubt that the consent was voluntary.

Without a signed consent form,the validity of the search is easily challenged.

Can a person who is intoxicated give consent to search his/her property? Discuss why or why not.

If a motorist is too intoxicated to drive,they are automatically too intoxicated to give valid consent.

?The police respond to a disorderly conduct call.Upon arriving at the residence,the owner invited the police into the residence.Which of the following is a true statement?

Detail some of the benefits of a consent search to the law enforcement officer and the person being searched.

To establish that consent was valid,the prosecutor must show

Briefly discuss the authority of parents to grant consent to search their child's property.Also,briefly discuss a child's authority to grant consent to search a parent's residence.

Campus police at a state college have facts leading them to believe that a college student has marijuana in her shared dorm room.They want to search her room without a warrant.They

Officers have stopped a motorist and recognize him from a previous drug arrest.They ask and he consents to a search of the car.Just as an officer is about to reach under the passenger seat the suspect says,"Stop.I've changed my mind.No more search." The officers

The main advantage of a consent search for law enforcement personnel is that

The rule of law from Schneckloth v.Bustamonte (1973)is that knowledge of the right to refuse consent is

?Consent given based on a false belief that an officer has a right to search is still considered voluntary consent.

A suspect has been injured while resisting arrest.Which of the following would be the best strategy for officers to obtain a valid consent from the suspect?

What are some of the circumstances that must be present in determining whether or not a consent search is truly voluntary?

Define what is meant by a "bailee" and when he/she may be able to give legal consent for a search of property.

A person's consent to an officer's request to enter his or her residence ________________ grant the officer a right to search.

Under what circumstances can a hotel manager give consent to search a room occupied by a guest or previously occupied by a guest?

A person giving police the authority to search by consenting to the request to search may limit the scope of the search to particular areas or items.When the citizen consents to a search in this way it is called a ___________ grant of consent.

Individual Rights Under the United States Constitution

Criminal Courts,Pretrial Processes,and the Exclusionary Rule

Basic Underlying Concepts: Privacy, Probable Cause, and Reasonableness

Criminal Investigatory Search Warrants

Searches for Electronically Stored Information and Electronic Surveillance

Administrative and Special Needs Searches

Arrests, Searches Incident to Arrest, and Protective Sweeps

Stops and Frisks

The Plain View Doctrine

Search and Seizure of Vehicles and Containers

Open Fields and Abandoned Property

Interrogations, Admissions, and Confessions

Pretrial Visual Identification Procedures

Criminal Trials, Appeals, and Other Post-Conviction Remedies

Filters

Exam 9: Consent Searches

The prosecutor attempting to introduce into court evidence obtained as a result of a consent search must show beyond a reasonable doubt that the consent was voluntary.

Without a signed consent form,the validity of the search is easily challenged.

Can a person who is intoxicated give consent to search his/her property? Discuss why or why not.

If a motorist is too intoxicated to drive,they are automatically too intoxicated to give valid consent.

?The police respond to a disorderly conduct call.Upon arriving at the residence,the owner invited the police into the residence.Which of the following is a true statement?

Detail some of the benefits of a consent search to the law enforcement officer and the person being searched.

To establish that consent was valid,the prosecutor must show

Briefly discuss the authority of parents to grant consent to search their child's property.Also,briefly discuss a child's authority to grant consent to search a parent's residence.

Campus police at a state college have facts leading them to believe that a college student has marijuana in her shared dorm room.They want to search her room without a warrant.They

Officers have stopped a motorist and recognize him from a previous drug arrest.They ask and he consents to a search of the car.Just as an officer is about to reach under the passenger seat the suspect says,"Stop.I've changed my mind.No more search." The officers

The main advantage of a consent search for law enforcement personnel is that

The rule of law from Schneckloth v.Bustamonte (1973)is that knowledge of the right to refuse consent is

?Consent given based on a false belief that an officer has a right to search is still considered voluntary consent.

A suspect has been injured while resisting arrest.Which of the following would be the best strategy for officers to obtain a valid consent from the suspect?

What are some of the circumstances that must be present in determining whether or not a consent search is truly voluntary?

Define what is meant by a "bailee" and when he/she may be able to give legal consent for a search of property.

A person's consent to an officer's request to enter his or her residence ________________ grant the officer a right to search.

Under what circumstances can a hotel manager give consent to search a room occupied by a guest or previously occupied by a guest?

A person giving police the authority to search by consenting to the request to search may limit the scope of the search to particular areas or items.When the citizen consents to a search in this way it is called a ___________ grant of consent.

Individual Rights Under the United States Constitution

Criminal Courts,Pretrial Processes,and the Exclusionary Rule

Basic Underlying Concepts: Privacy, Probable Cause, and Reasonableness

Criminal Investigatory Search Warrants

Searches for Electronically Stored Information and Electronic Surveillance

Administrative and Special Needs Searches

Arrests, Searches Incident to Arrest, and Protective Sweeps

Stops and Frisks

The Plain View Doctrine

Search and Seizure of Vehicles and Containers

Open Fields and Abandoned Property

Interrogations, Admissions, and Confessions

Pretrial Visual Identification Procedures

Criminal Trials, Appeals, and Other Post-Conviction Remedies

Filters