Exam 15: Searches and Seizures of Property

Office Johnson saw Troy, a known drug dealer, leaving a house where the occupants of the house are suspected drug dealers. Officer Johnson followed Troy and, when Troy failed to come to a complete stop at a stop sign, Officer Johnson pulled Troy over. Officer Johnson learned Troy had an outstanding warrant, had Troy get out the vehicle, and placed Troy under arrest. Officer Johnson searched Troy and found cocaine in the pocket of Troy's jeans. Troy moved to have the cocaine suppressed. What was the outcome?

Sam is married to Sandy, and they share a house. Sandy works from home and has a home office, which Sam does not have access to. The police arrive and ask Sam for permission to search the house, and Sam consents. The police can search all areas of the home including Sandy's office.

According to the U.S. Supreme Court, the knock and announce requirement is not required where it interferes with the enforcement of criminal law.

What rationale is relied on in determining that police officer shave no duty to inform a person that he or she can refuse to consent to a search? Do you agree with this practice? Why or why not?

Officer Smith places Alice under arrest. Officer Smith the searches Alice's persons including inside her pockets and the purse she is carrying. Officer Smith has Alice empty her pockets and finds methamphetamine in the contents of Alice's pockets. Officer Smith charges her with the additional charge of possession of narcotics. Alice's attorney moves to suppress the evidence as the product of an illegal search. Will the suppression motion be successful?

Cases where the court has held that the defendant did not consent to a search include:

In order for a consent search to be considered voluntary, the police officer must prove that he or she advised the individual of his or her right to refuse consent.

A warrant is issued based on ____________.

Which of the following represents the Court's position on third-party consent when the premise is co-occupied?

In Chimel v. California, the Court stated three purposes for allowing a police officer to search a person who has been arrested. The reasons stated by the Court include:

What do the courts require in order for a person to effectively withdraw his or her consent to search?

_____________________ are conducted to ensure that individuals and businesses are conforming to agency regulations.

Which of the following is not a reason for the court sanctioning an inventory search?

Probable cause is required before the police can conduct an inventory search.

Police officers may open and search containers found inside a vehicle when:

What rationale supports warrantless inventory searches? Do you agree with this practice? Why or why not?

According to the Court in Schneckloth v. Bustamonte, informing individuals of their right to refuse consent:

Police are not required to knock and announce when executing a search warrant on a home if they gain entrance to the home through a trick or misrepresentation.

How did the Court apply their holding in Belton when asked in Thornton v. United States to decide whether the police could search an individual's vehicle when the individual had exited the vehicle before being approached by the police officer and placed under arrest?

Explain how an individual might benefit from giving the police consent to search.