Exam 10: Search and Seizure: Exceptions to the Warrant Requirement

A search incident to an arrest can be done with which type of arrest?

A person arrested without warrant must be brought before a magistrate

School officials need _______________ __________________ to justify the search of the personal effects of a student.

For a "plain feel" Terry search to be lawful,the contraband must be

Exceptions to the search warrant requirement are based on strong justification and have been created by

A warrant is necessary for arrest

If the police are on the premises in response to an emergency call,they may seize contraband that is in plain view during the course of their emergency response.

If your roommate answers the door one day to find the police asking to search the home you share,your roommate cannot give permission for the police to search the home unless you agree.

For consent to search to be valid,it must be

A search incident to an arrest must be done

Bert is having dinner with his associates in a private room at a local steakhouse.The room has doors that close it off to the general public.Bert had asked that once dinner was served that the doors be closed and that the wait staff not enter the room until summoned by Bert.These instructions are followed just as Bert requested and once dinner is served and the staff has left,Bert and his associates begin to discuss their human trafficking business.In the middle of the conversation,another patron,Karen,mistakenly opens the door looking for a group she is joining for dinner.Karen hastily withdraws,but as she did she heard one of Bert's associates how much they can expect to profit from the sale of each child.Karen is shocked and calls the police.The subsequent investigation yields sufficient evidence to arrest and charge Bert and his associates.Prior to trial,Bert's attorney challenges the use of Karen's statement at trial claiming that Bert had a reasonable expectation of privacy which was violated when Karen opened the door and overheard the conversation.The judge will find in favor of Bert as Karen's action and subsequent statements violate Bert's Fourth Amendment rights.

A warrant to inspect a building for regulatory compliance does not require probable cause.

The "stop and frisk" exception to the search warrant requirement is based on the Supreme Court holding that this police activity is not a search and seizure and falls outside the scope of the Fourth Amendment.

A search by a private citizen may be considered state action if done with the knowledge and for the purpose of the government.

The ________________________ ____________________ doctrine allows evidence to be admitted at trial despite an illegal search or other illegal police activity,if that evidence would ultimately have been discovered anyway.

A search incident to arrest is limited to the area within the immediate grasp of the arrestee.

Officer Bob knocked on your door late on Saturday night,told you they are investigating a kidnapping,and asked if he may come in to talk and "look around." You hesitated a moment but when Officer Bob stated that he hates to use the warrant because it will seem like you are being uncooperative and judges hate defendants who do not cooperate,you agreed to let him enter.While he was talking to you,Officer Bob casually opened the desk in your living room and found a two-ounce bag of marijuana.Officer Bob seized the drugs and arrested you for possession.The search and seizure described will withstand judicial scrutiny under the consent exception to the warrant requirement.

Under most circumstances,when an arresting officer has probable cause to believe a crime has been committed in the officer's presence

Evanescent evidence is not subject to warrant because its use at trial is unlikely.

A police officer observes a man outside a jewelry store at 3:00a.m.After going around the block,the officer sees the same person looking in the windows and then moving into the shadows of an adjoining alley.The officer puts a spotlight on the person and confronts him.The man has no identification and is vague about where he lives.The officer places the person against the wall and pats him down.He finds a hard bulge in the suspect's jacket pocket.He reaches into the jacket and finds a glass cutter.He arrests the individual for possession of burglary tools.Is the evidence admissible? What is the issue?