Question 1

What is "knock and announce". Compare and contrast the advantages and disadvantages of such a rule.

Accepted Answer

"Knock and announce" is a legal principle that requires law enforcement officers to announce their presence and purpose before entering a private residence to execute a search warrant or make an arrest. This means that they must knock on the door, identify themselves as law enforcement, and state the purpose of their visit before entering the premises.

There are several advantages to the "knock and announce" rule. First, it helps to protect the privacy and property rights of individuals by giving them the opportunity to comply with the law and avoid unnecessary damage to their property. It also reduces the likelihood of violent confrontations between law enforcement and residents, as it gives the occupants a chance to peacefully cooperate with the officers. Additionally, it can help prevent the mistaken execution of a search warrant at the wrong address, as the occupants have the opportunity to verify the identity of the officers before allowing them entry.

However, there are also some disadvantages to the "knock and announce" rule. One potential drawback is that it may give individuals inside the residence the opportunity to destroy evidence or flee before the officers can enter. This could hinder the effectiveness of law enforcement efforts to investigate and prosecute criminal activity. Additionally, in certain situations, such as when there is a risk of violence or the destruction of evidence, the requirement to knock and announce may pose a danger to the officers executing the warrant.

In conclusion, while the "knock and announce" rule serves to protect the rights and safety of individuals, it also presents challenges for law enforcement in certain circumstances. Balancing the advantages and disadvantages of this rule is an important consideration in ensuring the fair and effective execution of search warrants and arrests.

Question 2

To obtain a valid anticipatory search warrant, _____

Accepted Answer

A)  there must be a fair probability that specific contraband will be found if the triggering event occurs and a fair probability that the triggering event will in fact occur 
B)  the police must have corroborated information from at least two different informants 
C)  police must have sufficient basis to believe that the evidence cannot be obtained any other way 
D)  the police must have established reasonable suspicion 
A)  there must be a fair probability that specific contraband will be found if the triggering event occurs and a fair probability that the triggering event will in fact occur 
B)  the police must have corroborated information from at least two different informants 
C)  police must have sufficient basis to believe that the evidence cannot be obtained any other way 
D)  the police must have established reasonable suspicion A

Question 3

A(n) ___________ condition is a condition precedent, other than the passage of time, which will establish probable cause to conduct a search and/or seizure.

Accepted Answer

triggering

Question 4

An officer about to execute a search warrant has a sudden feeling that the occupants might resist, making the officer fearful. The officer has no facts or circumstances to support this belief. The most legally sound course of action would be to _____.

Accepted Answer

A)  break in without notice 
B)  surreptitiously enter 
C)  still knock and announce 
D)  get permission from a supervisor to break in 
A)  break in without notice 
B)  surreptitiously enter 
C)  still knock and announce 
D)  get permission from a supervisor to break in

Question 5

Officers execute a search warrant to search a dwelling for narcotics and find several persons on the premises. They find no illegal substances. The officers' most legally sound course of action is _____.

Accepted Answer

A)  without further justification, search the people for the drugs. 
B)  acquire additional probable cause that the people have the drugs on them, then search them for the drugs. 
C)  without additional justification, search the owner for the drugs but not the others. 
D)  without further justification, search everyone for weapons. /span> 
A)  without further justification, search the people for the drugs. 
B)  acquire additional probable cause that the people have the drugs on them, then search them for the drugs. 
C)  without additional justification, search the owner for the drugs but not the others. 
D)  without further justification, search everyone for weapons. /span>

Question 6

A search warrant can become invalid because the probable cause upon which it is based has become stale.

Accepted Answer

A) True 
 B)False

Question 7

What rule of law developed from the Segura case? What potential impact do you see for police officers? Explain your reasoning.

Accepted Answer

The rule of law that developed from the

Question 8

If a mistake is made in specifying the address on a search warrant, the warrant is automatically invalid.

Accepted Answer

A) True 
 B)False

Question 9

Coolidge v. New Hampshire, 403 U.S. 443 (1971) found that a _____ is not a neutral and detached judicial officer.

Accepted Answer

A)  justice of the peace 
B)  clerk of the court 
C)  state attorney general 
D)  magistrate 
A)  justice of the peace 
B)  clerk of the court 
C)  state attorney general 
D)  magistrate

Question 10

Explain the difference between search warrants in colonial America and search warrants that are issued today.

Accepted Answer

In colonial America, search warrants wer

Question 11

Probable cause to search has two requirements that probable cause to arrest does not: _____.

Accepted Answer

A)  that the information must not be stale and particularity regarding place and items 
B)  that the information must not be stale and that the applying officer must have applied Aguilar/Spinelli 
C)  that the information was NOT from an informant and particularity regarding place and items 
D)  reasonable suspicion and particularity regarding place and items 
A)  that the information must not be stale and particularity regarding place and items 
B)  that the information must not be stale and that the applying officer must have applied Aguilar/Spinelli 
C)  that the information was NOT from an informant and particularity regarding place and items 
D)  reasonable suspicion and particularity regarding place and items

Question 12

The number of hours a search lasted is the major factor used to determine the reasonableness of the duration of a search.

Accepted Answer

A) True 
 B)False

Question 13

For Fourth Amendment purposes, a seizure of property occurs whenever there is a(n) _____.

Accepted Answer

A)  invasion of a constitutionally protected area 
B)  interference with a person's possessory interests in that property 
C)  interference with a person's reasonable expectation of privacy 
D)  infringement on a person's house, papers, and effects 
A)  invasion of a constitutionally protected area 
B)  interference with a person's possessory interests in that property 
C)  interference with a person's reasonable expectation of privacy 
D)  infringement on a person's house, papers, and effects

Question 14

Provide examples that would illustrate a minimum of three different constitutional limits on the seizure of items found in a search.

Accepted Answer

1. The Fourth Amendment's requirement fo

Question 15

The freshness of the information forming the basis for probable cause is more important in applications for search warrants than for arrest warrants.

Accepted Answer

A) True 
 B)False

Question 16

To qualify to issue a warrant, the judicial officer must be _____.

Accepted Answer

A)  biased and attached 
B)  biased and detached 
C)  neutral and semi-detached 
D)  neutral and detached 
A)  biased and attached 
B)  biased and detached 
C)  neutral and semi-detached 
D)  neutral and detached

Question 17

Officers must follow knock and announce requirements even if they believe no one is in the premises to be searched.

Accepted Answer

A) True 
 B)False

Question 18

In the Federal system, the codified procedures and rules relating to search and seizure are found _____.

Accepted Answer

A)  scattered throughout the codes of the U.S. code 
B)  scattered throughout the various court cases related to criminal procedure 
C)  in the Federal Rules of Criminal Procedure, Rule 41 
D)  in the Federal Rules of Civil Procedure, Rule 21 
A)  scattered throughout the codes of the U.S. code 
B)  scattered throughout the various court cases related to criminal procedure 
C)  in the Federal Rules of Criminal Procedure, Rule 41 
D)  in the Federal Rules of Civil Procedure, Rule 21

Question 19

What is meant by the "curtilage" around a home? Briefly explain what is meant by appurtenant property.

Accepted Answer

The "curtilage" around a home refers to

Question 20

The person swearing-out an affidavit is referred to as the ___________.

Accepted Answer

The answer of The person swearing-out an affidavit is referred...

What is "knock and announce". Compare and contrast the advantages and disadvantages of such a rule.

To obtain a valid anticipatory search warrant, _____

A(n) ___________ condition is a condition precedent, other than the passage of time, which will establish probable cause to conduct a search and/or seizure.

An officer about to execute a search warrant has a sudden feeling that the occupants might resist, making the officer fearful. The officer has no facts or circumstances to support this belief. The most legally sound course of action would be to _____.

Officers execute a search warrant to search a dwelling for narcotics and find several persons on the premises. They find no illegal substances. The officers' most legally sound course of action is _____.

A search warrant can become invalid because the probable cause upon which it is based has become stale.

What rule of law developed from the Segura case? What potential impact do you see for police officers? Explain your reasoning.

If a mistake is made in specifying the address on a search warrant, the warrant is automatically invalid.

Coolidge v. New Hampshire, 403 U.S. 443 (1971) found that a _____ is not a neutral and detached judicial officer.

Explain the difference between search warrants in colonial America and search warrants that are issued today.

Probable cause to search has two requirements that probable cause to arrest does not: _____.

The number of hours a search lasted is the major factor used to determine the reasonableness of the duration of a search.

For Fourth Amendment purposes, a seizure of property occurs whenever there is a(n) _____.

Provide examples that would illustrate a minimum of three different constitutional limits on the seizure of items found in a search.

The freshness of the information forming the basis for probable cause is more important in applications for search warrants than for arrest warrants.

To qualify to issue a warrant, the judicial officer must be _____.

Officers must follow knock and announce requirements even if they believe no one is in the premises to be searched.

In the Federal system, the codified procedures and rules relating to search and seizure are found _____.

What is meant by the "curtilage" around a home? Briefly explain what is meant by appurtenant property.

The person swearing-out an affidavit is referred to as the ___________.

Individual Rights Under the United States Constitution

Criminal Courts, Pretrial Processes, and the Exclusionary Rule

Basic Underlying Concepts: Property, Privacy, Probable Cause, and Reasonableness

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

The Plain View Doctrine and Special Needs 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 Postconviction Remedies

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Exam 4: Criminal Investigatory Search Warrants

What is "knock and announce". Compare and contrast the advantages and disadvantages of such a rule.

To obtain a valid anticipatory search warrant, _____

A(n) ___________ condition is a condition precedent, other than the passage of time, which will establish probable cause to conduct a search and/or seizure.

An officer about to execute a search warrant has a sudden feeling that the occupants might resist, making the officer fearful. The officer has no facts or circumstances to support this belief. The most legally sound course of action would be to _____.

Officers execute a search warrant to search a dwelling for narcotics and find several persons on the premises. They find no illegal substances. The officers' most legally sound course of action is _____.

A search warrant can become invalid because the probable cause upon which it is based has become stale.

What rule of law developed from the Segura case? What potential impact do you see for police officers? Explain your reasoning.

If a mistake is made in specifying the address on a search warrant, the warrant is automatically invalid.

Coolidge v. New Hampshire, 403 U.S. 443 (1971) found that a _____ is not a neutral and detached judicial officer.

Explain the difference between search warrants in colonial America and search warrants that are issued today.

Probable cause to search has two requirements that probable cause to arrest does not: _____.

The number of hours a search lasted is the major factor used to determine the reasonableness of the duration of a search.

For Fourth Amendment purposes, a seizure of property occurs whenever there is a(n) _____.

Provide examples that would illustrate a minimum of three different constitutional limits on the seizure of items found in a search.

The freshness of the information forming the basis for probable cause is more important in applications for search warrants than for arrest warrants.

To qualify to issue a warrant, the judicial officer must be _____.

Officers must follow knock and announce requirements even if they believe no one is in the premises to be searched.

In the Federal system, the codified procedures and rules relating to search and seizure are found _____.

What is meant by the "curtilage" around a home? Briefly explain what is meant by appurtenant property.

The person swearing-out an affidavit is referred to as the ___________.

Individual Rights Under the United States Constitution

Criminal Courts, Pretrial Processes, and the Exclusionary Rule

Basic Underlying Concepts: Property, Privacy, Probable Cause, and Reasonableness

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

The Plain View Doctrine and Special Needs 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 Postconviction Remedies

Filters