Chat with AIExam 6: Warrantless Searches
The evolution of the administrative justice exception to the probable cause and warrant requirements originally articulated in the Fourth Amendment is necessary and ongoing. Border checkpoints serve numerous purposes and their legality has been challenged. Discuss what constitutes a legal border checkpoint, and how might checkpoints be beneficial given the recent terrorist activities.
(42) 
VerifiedAlthough there are different types of checkpoints the focus of this question is to address border checkpoints. In Martinez-Fuerte, the Court considered whether the Immigration and Naturalization Service (INS) could constitutionally establish permanent checkpoints on major highways away from the Mexican border for brief questioning. In its ruling, the Court upheld such practices ruling that checkpoint searches did not have to be predicated on "any individualized suspicion that the particular vehicle contains illegal aliens." In its justification, the Court evaluated various issues and concluded that: (1) the intrusion occasioned by a brief investigative stop to ascertain residence could not be equated to the search of a private residence; (2) motorists could choose to avoid such checkpoints because of their permanency; (3) individualized suspicion was not possible because of the heavy traffic flow surrounding border areas; (4) officer discretion was not to be considered because supervisors controlled the location and administration of checkpoints; and (5) that a requirement of probable cause would largely eliminate any deterrent effect on smuggling operations.
One area of searches incident to arrest that has been consistently scrutinized by the Court is that of automobiles.
(41) VerifiedTrue
Match up the concept to the description :
-Plain feel doctrine
(41) VerifiedC
Discuss the three forms of investigative inquiries and how they are individual from each other.
(36) Immediate apparency was decided in which of the following Court case?
(39) When ownership of property is unclear, the Court has extended a limited authority to all but one of the following:
(45) The time period immediately prior to the seizure of the individual in question, and is conducted immediately prior to the formal arrest of same is known as?
(50) In which of the following situation are warrants not required?
(35) Which Court case held that protective searches are limited in scope to those areas, places, and objects, which may reasonably conceal items dangerous to the police?
(27) Match up the concept to the description :
-Consent searches
(36) The authority of police personnel to undertake a warrantless roadside search of an automobile was first established in:
(47) Consent, which is validly obtained, negates the requirement of a warrant or probable cause.
(37) Searches, which are conducted by law enforcement personnel of an individual's personal belongings are known as?
(40) Third-party consent to search is limited to those areas for which a reasonable officer would conclude that such a party enjoyed common authority.
(39) The Court has evaluated a variety of issues regarding the police use of checkpoints. The Court concluded all but one of the following:
(32) Match up the concept to the description :
-Third-party consent
(44) Which area of searches incident to arrest, which has been consistently scrutinized by the Court, is that of?
(34) In the United States, investigative inquiries take one of three forms: 1) encounters which are entirely voluntary; 2) arrests in which probable cause of criminal activity has been demonstrated; and, 3) investigative stops.
(38) Consent searches are the only one in which probable cause, reasonable suspicion, or an articulable justification is not required.
(28) 
Filters
- Essay(0)
- Multiple Choice(0)
- Short Answer(0)
- True False(0)
- Matching(0)