Exam 6: Searches and Seizures of Property

A young man was walking home at night when he passed a police car. The officer inside had previously arrested the young man for drug possession. The young man raised his hands in the air and proclaimed that he was clean this time. The officer got out of the car and began to search the young man. Did the young man consent to the search?

Inventories often are categorized as "_____" searches, as they are undertaken for an administrative purpose and not to investigate a criminal offense.

What are the differences between actual authority and apparent authority, and how do these concepts impact third-party consent to searches?

In which of the following scenarios is it most likely that voluntary consent to submit to a search will not be found?

The U.S. Supreme Court has ruled that officers are required to inform individuals of their rights to refuse to consent to a search.

What is the purpose of an inventory, and why is warrant not required in order for one to be conducted?

The knock-and-announce rule has its origins in _____.

Which of the following searches should be considered constitutional after a search incident to arrest of the driver of a car?

Explain when it is reasonable for the police to break down the door to a home.

Which is not an explanation typically offered for the knock-and-announce rule?

Which actor in the criminal justice system is required to prove voluntariness of consent?

The U.S. Supreme Court has held that only weapons, narcotics, and other items that have an "immediately apparent" connection to a crime can be seized as a result of a search incident to arrest.

The U.S. Supreme Court has held that "_____" is the standard for measuring the scope of consent to a search.

A rule established by the U.S. Supreme Court that is clearly established and defined (very "black and white") is known as a _____ rule.

Which of the following searches incident to arrest is most likely to be ruled unconstitutional?

In which of the following scenarios can an officer not conduct a search incident to arrest/citation?

The procedural rule requiring officers to announce their presence before entering a home is known as the _____ rule.

Determining whether the consent is truly voluntarily given can be tricky. Explain some of the rules/guidelines the Court has used in the past. Imagine this hypothetical: a suspect is pulled over by the police. He has a moderately long rap sheet. Police approach the vehicle and think they smell marijuana and ask once for permission to search the vehicle. The suspect appears nervous but then says, "Yeah, whatever." Has the suspect truly given voluntary consent? Explain and support your answer.

A search will likely be deemed constitutional if police obtained permission from an individual that they reasonably but mistakenly believed to have common authority in a home.