Question 1

Officers executing a lawful search warrant for stolen guns discover contraband fireworks in the suspect's gun cabinet while searching for the guns.The officers

Accepted Answer

A)  may not seize the fireworks since they are not on the warrant. 
B)  may seize the fireworks under the plain view doctrine because the officers have a right to be where they are at the time. 
C)  may not seize the fireworks under plain view because the officers have no right to invade the privacy of the cabinet. 
D)  may seize the fireworks under plain view doctrine because the fireworks are dangerous to the public. 
A)  may not seize the fireworks since they are not on the warrant. 
B)  may seize the fireworks under the plain view doctrine because the officers have a right to be where they are at the time. 
C)  may not seize the fireworks under plain view because the officers have no right to invade the privacy of the cabinet. 
D)  may seize the fireworks under plain view doctrine because the fireworks are dangerous to the public.

Question 2

An officer has made a lawful arrest for fraudulent checks at the arrestee's residence.During a valid protective sweep the officer opens a door in the hallway next to the exit and observes a marijuana plant,grow-light,and plant food in the closet.The officer may

Accepted Answer

A)  not seize the items under the plain view doctrine. 
B)  seize the items under the plain view doctrine. 
C)  seize the items but only when the suspect is brought within reach of the closet. 
D)  not seize the items since a protective sweep is for people only. 
A)  not seize the items under the plain view doctrine. 
B)  seize the items under the plain view doctrine. 
C)  seize the items but only when the suspect is brought within reach of the closet. 
D)  not seize the items since a protective sweep is for people only.

Question 3

Describe searches regarding the plain view doctrine of police vehicle inventory searches in the case of South Dakota v.Opperman,1976.

Accepted Answer

In the case of South Dakota v. Opperman,

Question 4

The fundamental case that established the basic rationale of the plain view doctrine is:

Accepted Answer

A)  Harris v. United States 
B)  Texas v. Brown 
C)  Arizona v. Hicks 
D)  Horton v. California 
A)  Harris v. United States 
B)  Texas v. Brown 
C)  Arizona v. Hicks 
D)  Horton v. California

Question 5

Which of the following is a true statement about the use of a thermal imaging device to detect invisible infrared radiation emanating from a home?

Accepted Answer

A)  The Court found the use of the device did not violate an expectation of privacy. 
B)  The Court found the use of the device to be constitutional. 
C)  The court found use of the device to be unconstitutional because the device is not in general public use. 
D)  Use of the device constitutes a seizure (of the information), but not a search. 
A)  The Court found the use of the device did not violate an expectation of privacy. 
B)  The Court found the use of the device to be constitutional. 
C)  The court found use of the device to be unconstitutional because the device is not in general public use. 
D)  Use of the device constitutes a seizure (of the information), but not a search.

Question 6

If the plain view doctrine is found to apply,it will justify a warrantless seizure of an item:

Accepted Answer

A)  unless it is a situation where there is a strong preference for a warrant. 
B)  regardless of whether the officer had a right to be at the location where the plain view of the item occurred. 
C)  unless there was an intrusion into that individual's possessory interest. 
D)  regardless of any apparent intrusion into that individual's possessory interest. 
A)  unless it is a situation where there is a strong preference for a warrant. 
B)  regardless of whether the officer had a right to be at the location where the plain view of the item occurred. 
C)  unless there was an intrusion into that individual's possessory interest. 
D)  regardless of any apparent intrusion into that individual's possessory interest.

Question 7

The requirements of the plain view doctrine do not include which of the following?

Accepted Answer

A)  The officer, as a result of a prior valid intrusion, must be in a position in which he or she has a legal right to be. 
B)  The officer must not unreasonably intrude on any person's reasonable expectation of privacy. 
C)  The officer may develop probable cause to believe that the item is subject to seizure by handling and thoroughly examining the item. 
D)  The discovery of the item of evidence by the officer need not be inadvertent. 
A)  The officer, as a result of a prior valid intrusion, must be in a position in which he or she has a legal right to be. 
B)  The officer must not unreasonably intrude on any person's reasonable expectation of privacy. 
C)  The officer may develop probable cause to believe that the item is subject to seizure by handling and thoroughly examining the item. 
D)  The discovery of the item of evidence by the officer need not be inadvertent.

Question 8

Following a murder,the police conduct an extensive four day search for evidence at the scene (the murder victim's apartment).The apartment is also occupied by other people.There was no emergency,beyond the murder,and all occupants were safe.Police discover evidence of the crime.

Accepted Answer

A)  The evidence is inadmissible since the officers should have gotten a warrant. 
B)  The officers may, without more, seize the items under plain view. 
C)  The officers may assume that the victim would consent to a search of the entire premises. 
D)  The officers may, without more, seize the items as incident to an arrest they hope to make. 
A)  The evidence is inadmissible since the officers should have gotten a warrant. 
B)  The officers may, without more, seize the items under plain view. 
C)  The officers may assume that the victim would consent to a search of the entire premises. 
D)  The officers may, without more, seize the items as incident to an arrest they hope to make.

Question 9

It is important to remember that the Fourth Amendment does not prohibit searches and seizures,only _________ searches and seizures.

Accepted Answer

The answer of It is important to remember that the...

Question 10

The plain view rule applies only to those things which can be seen without any mechanical or electrical aids to assist in observing items of evidence.

Accepted Answer

A) True 
 B)False

Question 11

If the contents of a container can be inferred from its outward appearance,distinctive configuration,transparency or other characteristic,the container may be ____________________ by law enforcement officers.If the officer has probable cause to believe items in the container constitute illegal contraband,the officer may seize the container along with these items.

Accepted Answer

The answer of If the contents of a container can...

Question 12

Describe the findings of United States v.Gillenwaters regarding the plain view doctrine when police respond to certain emergencies.

Accepted Answer

In United States v. Gillenwaters, the co

Question 13

A federal officer with an arrest warrant goes to a suspect's home.Having encountered this suspect previously,the officer knows that there will probably be controlled substances and related items lying around the apartment.Seizure of any such items as evidence would be unlawful under plain view because of the inadvertent discovery requirement.

Accepted Answer

A) True 
 B)False

Question 14

Under the plain view doctrine,an officer viewing illegal drugs on a coffee table while executing an arrest warrant may seize the drugs.

Accepted Answer

A) True 
 B)False

Question 15

Minnesota v.Dickerson,508 U.S.366 (1993),applied the principles of the plain view doctrine to a situation in which a law enforcement officer discovered contraband through the sense of touch during an otherwise lawful search.This is sometimes called the ____________________________.

Accepted Answer

plain touc

Question 16

A commercial airline has called the police to report that they opened some unmarked,lost luggage to determine the owner and inside it they discovered a small amount of what appears to be cocaine hidden amongst the underwear.The police arrive to find that the luggage is in the manager's office but the luggage is now closed.To have a lawful seizure the officers

Accepted Answer

A)  must get a warrant to open it again. 
B)  must have a trained dog react to the luggage to reopen it. 
C)  must have the manager reopen it. 
D)  may immediately open the luggage themselves. 
A)  must get a warrant to open it again. 
B)  must have a trained dog react to the luggage to reopen it. 
C)  must have the manager reopen it. 
D)  may immediately open the luggage themselves.

Question 17

Officers who are lawfully on premises in hot pursuit of a fleeing suspect may seize items that they have handled,moved,and manipulated to make a determination that the evidence is seizable.

Accepted Answer

A) True 
 B)False

Question 18

The primary justification for the plain view doctrine is to reduce the risk of destruction of evidence and inconvenience for the police.

Accepted Answer

A) True 
 B)False

Question 19

An officer makes a Terry stop of a person and develops reasonable suspicion to believe the person may be armed and dangerous.During a pat-down,the officer feels an item,but the true nature of the item is not immediately apparent.The officer:

Accepted Answer

A)  has probable cause and can detain the suspect indefinitely to wait for a warrant to be issued. 
B)  cannot, without further justification, retrieve the object from the person's clothing without consent. 
C)  has probable cause and can detain the suspect temporarily to wait for a warrant to be issued. 
D)  can immediately, and without further justification, retrieve the object from the person's pocket. 
A)  has probable cause and can detain the suspect indefinitely to wait for a warrant to be issued. 
B)  cannot, without further justification, retrieve the object from the person's clothing without consent. 
C)  has probable cause and can detain the suspect temporarily to wait for a warrant to be issued. 
D)  can immediately, and without further justification, retrieve the object from the person's pocket.

Question 20

Law enforcement officers planted a tracking beeper on the clothing of an individual in order to track him/her from one location to another.Shortly thereafter,the individual traveled home where the movements of the person within the residence were tracked.This police activity is:

Accepted Answer

A)  constitutional because the U.S. Supreme Court has ruled that a tracking device does not invade a person's privacy. 
B)  constitutional because the tracking device was originally planted at a location other than the private residence of the individual. 
C)  unconstitutional because the in-home movements of the individual were not generally open to visual surveillance. 
D)  unconstitutional because tracker devices cannot be used in any context. 
A)  constitutional because the U.S. Supreme Court has ruled that a tracking device does not invade a person's privacy. 
B)  constitutional because the tracking device was originally planted at a location other than the private residence of the individual. 
C)  unconstitutional because the in-home movements of the individual were not generally open to visual surveillance. 
D)  unconstitutional because tracker devices cannot be used in any context.

Officers executing a lawful search warrant for stolen guns discover contraband fireworks in the suspect's gun cabinet while searching for the guns.The officers

An officer has made a lawful arrest for fraudulent checks at the arrestee's residence.During a valid protective sweep the officer opens a door in the hallway next to the exit and observes a marijuana plant,grow-light,and plant food in the closet.The officer may

Describe searches regarding the plain view doctrine of police vehicle inventory searches in the case of South Dakota v.Opperman,1976.

The fundamental case that established the basic rationale of the plain view doctrine is:

Which of the following is a true statement about the use of a thermal imaging device to detect invisible infrared radiation emanating from a home?

If the plain view doctrine is found to apply,it will justify a warrantless seizure of an item:

The requirements of the plain view doctrine do not include which of the following?

Following a murder,the police conduct an extensive four day search for evidence at the scene (the murder victim's apartment).The apartment is also occupied by other people.There was no emergency,beyond the murder,and all occupants were safe.Police discover evidence of the crime.

It is important to remember that the Fourth Amendment does not prohibit searches and seizures,only _________ searches and seizures.

The plain view rule applies only to those things which can be seen without any mechanical or electrical aids to assist in observing items of evidence.

Describe the findings of United States v.Gillenwaters regarding the plain view doctrine when police respond to certain emergencies.

Under the plain view doctrine,an officer viewing illegal drugs on a coffee table while executing an arrest warrant may seize the drugs.

Minnesota v.Dickerson,508 U.S.366 (1993),applied the principles of the plain view doctrine to a situation in which a law enforcement officer discovered contraband through the sense of touch during an otherwise lawful search.This is sometimes called the ____________________________.

Officers who are lawfully on premises in hot pursuit of a fleeing suspect may seize items that they have handled,moved,and manipulated to make a determination that the evidence is seizable.

The primary justification for the plain view doctrine is to reduce the risk of destruction of evidence and inconvenience for the police.

An officer makes a Terry stop of a person and develops reasonable suspicion to believe the person may be armed and dangerous.During a pat-down,the officer feels an item,but the true nature of the item is not immediately apparent.The officer:

Law enforcement officers planted a tracking beeper on the clothing of an individual in order to track him/her from one location to another.Shortly thereafter,the individual traveled home where the movements of the person within the residence were tracked.This police activity is:

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

Consent Searches

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 10: The Plain View Doctrine

Officers executing a lawful search warrant for stolen guns discover contraband fireworks in the suspect's gun cabinet while searching for the guns.The officers

An officer has made a lawful arrest for fraudulent checks at the arrestee's residence.During a valid protective sweep the officer opens a door in the hallway next to the exit and observes a marijuana plant,grow-light,and plant food in the closet.The officer may

Describe searches regarding the plain view doctrine of police vehicle inventory searches in the case of South Dakota v.Opperman,1976.

The fundamental case that established the basic rationale of the plain view doctrine is:

Which of the following is a true statement about the use of a thermal imaging device to detect invisible infrared radiation emanating from a home?

If the plain view doctrine is found to apply,it will justify a warrantless seizure of an item:

The requirements of the plain view doctrine do not include which of the following?

Following a murder,the police conduct an extensive four day search for evidence at the scene (the murder victim's apartment).The apartment is also occupied by other people.There was no emergency,beyond the murder,and all occupants were safe.Police discover evidence of the crime.

It is important to remember that the Fourth Amendment does not prohibit searches and seizures,only _________ searches and seizures.

The plain view rule applies only to those things which can be seen without any mechanical or electrical aids to assist in observing items of evidence.

Describe the findings of United States v.Gillenwaters regarding the plain view doctrine when police respond to certain emergencies.

Under the plain view doctrine,an officer viewing illegal drugs on a coffee table while executing an arrest warrant may seize the drugs.

Minnesota v.Dickerson,508 U.S.366 (1993),applied the principles of the plain view doctrine to a situation in which a law enforcement officer discovered contraband through the sense of touch during an otherwise lawful search.This is sometimes called the ____________________________.

Officers who are lawfully on premises in hot pursuit of a fleeing suspect may seize items that they have handled,moved,and manipulated to make a determination that the evidence is seizable.

The primary justification for the plain view doctrine is to reduce the risk of destruction of evidence and inconvenience for the police.

An officer makes a Terry stop of a person and develops reasonable suspicion to believe the person may be armed and dangerous.During a pat-down,the officer feels an item,but the true nature of the item is not immediately apparent.The officer:

Law enforcement officers planted a tracking beeper on the clothing of an individual in order to track him/her from one location to another.Shortly thereafter,the individual traveled home where the movements of the person within the residence were tracked.This police activity is:

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

Consent Searches

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