Exam 6: Searches and Seizures of Property

A suspect must be in a mental state of competence for permission to search to be considered voluntary.

In which of the following scenarios is it most likely that voluntary consent to submit to a search will be found?

The U.S. Supreme Court has held that officers need not knock and announce when investigating drug crimes due to the ease of destruction of evidence in such cases.

The _____ permits the police to conduct warrantless searches of automobiles when there is probable cause to believe that the vehicle contains contraband or evidence related to criminal activity.

If a suspect is given a citation for an offense for which they could have been arrested, the issuing officer can conduct a "search incident to citation" just as a search incident to arrest.

Police observe a suspect with a bag they believe (with probable cause) to be carrying drugs. The suspect places the bag in the trunk of the car and drives away. When the police stop the vehicle, where can they look to find the drugs?

The concern over officer subjective motivation is not a concern of the Fourth Amendment but the Equal Protection Clause of the _____ Amendment.

To pass constitutional muster, consent given to allow for a consent search must be all but which of the following?

What standard of proof is required for police to search an automobile using the automobile exception?

The U.S. Supreme Court has justified the automobile exception, stating that vehicles are subject to regulation such as registration and safety regulations.

Which of the following cases held that the area within the immediate control of the arrestee may properly be searched, but there is no justification for police to search rooms other than the one in which the arrest occurred?

The Supreme Court decisions in Robinson and Gustafson establish a bright-line rule. The fact of an arrest authorizes a search incident to an arrest regardless of the offense for which a suspect is arrested. Why did the Supreme Court adopt this bright-line approach?

If a suspect is arrested and taken into custody yet not immediately searched, he cannot be searched some hours later even if he is still in police custody.

Which of the following is a reasonable amount of time to wait before an officer forcibly enters the home after notifying the inhabitants of his presence?

When arresting a suspect for a misdemeanor, the officer must have reasonable suspicion to believe the suspect is dangerous to conduct a search incident to arrest.

Police may not use the automobile exception to search an automobile that serves as either a temporary or permanent home.

Explain the concept and justifications for warrantless searches incident to arrest. How does this concept apply to automobiles? What can and cannot be searched in an automobile? Why?

Which of the following is not a standard detail given in a warrant application to fulfill the particularity requirement?

Officers are allowed to falsely claim possession of a warrant to obtain voluntary permission to search.

An individual consenting to a search is allowed to limit where and for what an officer may search.