Exam 11: Search and Seizure of Vehicles and Containers

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Using the Carroll doctrine, as interpreted by the courts, explain any delays in searching that might be acceptable.

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The Carroll doctrine, as interpreted by the courts, allows for certain delays in searching a vehicle if there is a reasonable suspicion that evidence of a crime is present. This means that law enforcement officers may delay a search if they have a reasonable belief that waiting for additional evidence or a warrant would result in the destruction or removal of evidence. Additionally, delays may be acceptable if there are safety concerns or if the search would unduly disrupt traffic or public order. However, these delays must be reasonable and justified based on the specific circumstances of the case. Ultimately, the courts will consider the reasonableness of any delays in searching a vehicle under the Carroll doctrine on a case-by-case basis.

A(n) __________ process of an automobile is not considered a search for Fourth Amendment purposes because its object is not to find incriminating evidence as part of a criminal investigation.

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Which individual would have standing to challenge a particular search by police that was conducted based on the automobile exception?

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When faced with the possibility of impounding a vehicle, the officer has a constitutional requirement to choose a less intrusive means if it is available.

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Detail the reasoning of the court regarding the search of a container found in a vehicle in the case of California v. Acevedo, 1991.

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During an inventory, an officer picks up a jacket from the seat of the vehicle. Underneath the jacket was a clear baggie containing drugs. The doctrine which allows the officer to seize the drug evidence is the plain view doctrine.

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When a vehicle has been impounded, police _____.

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Drug Enforcement Agency agents heard uncorroborated information that a Dodge mini-motor home that has been seen throughout town but is currently parked behind a shopping center, was being used by a person exchanging marijuana for sex. They watched Charles, who they know to live in a nearby apartment, accompanied by a juvenile, enter the motor home and then close the shades on all the windows. More than an hour later the juvenile left and the agents stopped and questioned him. The juvenile confirmed that he received marijuana for sex. Agents returned and knocked on the door. Charles came out. How are the courts most likely to view the search of the motor home by the agents at this time?

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A person has a lesser expectation of privacy in a car than in a residence because _____.

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Owners or renters of a vehicle, and those riding with them, have standing under the Fourth Amendment to challenge a search of a vehicle they recently occupied.

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For the automobile exception to be met regarding a search, two criteria must be met. First, the officer must believe that the automobile must contain illegal contraband, and secondly, the vehicle must be readily__________ such that it can be moved to __________.

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As detailed in United States v. Ross, 1982, explain the differences between the search of an entire vehicle versus a particular area of a vehicle.

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Officers lawfully arrested the occupants of an auto and, after impounding it, began an inventory of the contents of the vehicle. One officer picked up a jacket on the front seat where an occupant had been sitting and noticed on the seat a burned cigarette which appeared to the officer to be marijuana. How are the courts most likely to view the officer's action?

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Police observe a suspect carrying a brown paper package leave an apartment that is known to sell marijuana. The package is the same size as packages of marijuana they had seen earlier that day. The individual under observation places the bag in the trunk of his car and starts to drive away. Fearing the loss of evidence, officers stop him. To proceed within legal limits, officers who wish to search the car for marijuana _____.

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What factor determines whether a driver or passenger can challenge the police on a particular search of his/her vehicle under the automobile exception?

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Law enforcement officers with probable cause to search a motor vehicle may not inspect passengers' belongings found in the vehicle even though those belongings are capable of concealing the object of the search.

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In Chambers v. Maroney, the Court extended the Carroll doctrine to include _____.

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Following a traffic stop, an officer has probable cause to arrest an occupant of a motor vehicle, but does not have probable cause to believe that evidence of the crime will be found in the vehicle. The officer places handcuffs on the person and places the individual in the back seat of the police vehicle. Given this scenario, how may the officer legally proceed?

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Officers legitimately stopped an auto and had probable cause to believe that it contained narcotics inside the passenger area. During the search of the car the officer found a closed paper bag and a zippered leather pouch. To lawfully search further, the officer _____.

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Select the true statement concerning search incident to arrest and the automobile exception.

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