Deck 8: Vehicle Stops, Searches, and Inventories

Question 1

A stop by a police officer for no reason or without any justification is:

A)not a stop.
B)unusual.
C)legal.
D)illegal.

Answer 1

D

Question 2

Which of the following is not a constitutionally valid type of roadblock?

A)General law enforcement
B)Drunk driving
C)Illegal aliens
D)Driver's license check

Answer 2

A

Question 3

Which of the following is not one of the three factors adopted in the balancing test for Constitutionality in sobriety checkpoints?

A)The gravity of the public concerns served by the seizure
B)The degree to which the seizure advances the public interest
C)The severity of the interference with individual liberty
D)All of these are factors.

Answer 3

D

Question 4

An officer makes a valid stop of an automobile.The officer has a reasonable suspicion that the suspect is armed and dangerous.With regard to the passenger compartment of the vehicle,the officer may:

A)search it immediately.
B)not search it because the suspect is out of the vehicle.
C)search it,but only if the officer has probable cause.
D)search it only after obtaining consent from the driver.

Question 5

Under the Fourth Amendment,which of the following is not an automatically authorized police action following a valid traffic stop?

A)Ordering the driver to exit the vehicle
B)Ordering the passengers to exit the vehicle
C)Requesting a driver's license and other documents required by state law
D)Frisking the driver and passengers

Question 6

A driver of a vehicle has been lawfully arrested.Incident to that arrest,police may validly search:

A)only the front seat area.
B)the passenger compartment (including containers)for weapons and relevant evidence.
C)the passenger compartment and trunk (including containers)for weapons and relevant evidence.
D)search the passenger compartment,trunk and under the hood (including containers)for weapons and relevant evidence.

Question 7

The two requirements for the vehicle or automobile exception to the warrant requirement are:

A)probable cause and the vehicle be immobile.
B)reasonable suspicion and a search warrant.
C)probable cause and the vehicle be mobile.
D)probable cause and a search warrant.

Question 8

A vehicle stop is a Fourth Amendment:

A)seizure of persons and property.
B)search of property.
C)search of a person.
D)seizure equivalent to an arrest.

Question 9

If there has been a lawful impoundment of a vehicle,police may conduct an inventory search:

A)automatically,if there is no bad faith on the part of the police and to do so is authorized by department policy.
B)only on reasonable suspicion.
C)only on probable cause,but no warrant is required.
D)only on probable cause supported by a warrant.

Question 10

An officer has made a valid stop of an automobile.Which of the following is NOT automatically authorized?

A)Asking for consent to search
B)Asking the driver to produce driver's license and registration
C)Locating and examining the VIN
D)Searching the vehicle for contraband

Question 11

In which of the following ways are vehicle stops and roadblock dissimilar?

A)Reasonable suspicion is required.
B)Probable cause is required for searches.
C)Police may ask questions.
D)Police may "look around" the vehicle.

Question 12

An officer makes a valid stop of an automobile and wants to ask the driver questions about his travel plans and what is in the vehicle.These questions:

A)must be preceded by Miranda warnings.
B)may be asked routinely as part of the stop.
C)may be asked only if the officer has a reasonable suspicion of wrongdoing.
D)may be asked only if the officer has probable cause to believe there is criminal activity involved.

Question 13

In pretext stops,the test for validity concerns:

A)whether ordinarily the police officers "would have" made the stop.
B)whether the police officers did make the stop.
C)whether ordinarily the police officers "could have" made the stop.
D)how many police officers did make the stop.

Question 14

An exception to the usual rule requiring individualized suspicion before stopping a vehicle is for certain types of:

A)checkpoints.
B)motor homes.
C)high-speed pursuits.
D)high-performance motor vehicles.

Question 15

The minimum requirement for a vehicle stop,with regard to a particular vehicle or driver is:

A)probable cause.
B)a warrant.
C)reasonable suspicion.
D)clear and convincing evidence.

Question 16

Under the Fourth Amendment,which of the following is not a valid purpose for setting up a roadblock?

A)Immigration law enforcement
B)Detecting drunk drivers
C)Checking for drivers' licenses,registration,etc.
D)Drug detection

Question 17

A vehicle stop at a roadblock or sobriety checkpoint is:

A)totally different from a vehicle search,but is governed by the same rules.
B)not different from a vehicle search,but is governed by different rules.
C)totally different from a vehicle search,and each is governed by different rules.
D)not different from a vehicle search,but is governed by the same rules.

Question 18

The rules discussed in this chapter regarding motor vehicle searches are based primarily on .

A)U.S.Supreme Court decisions
B)federal statutes
C)federal statutes
D)state Supreme Court decisions

Question 19

An officer makes a valid traffic stop and issues a valid ticket (citation)for the traffic violation.The officer has no additional information about criminal activity,and without permission from the driver,the officer searches the vehicle.Under the Fourth Amendment,this search is:

A)a lawful version of a search incident to a lawful arrest.
B)invalid because vehicle searches require warrants.
C)invalid because there is neither probable cause nor consent.
D)valid because there is a risk to officer safety.

Question 20

The minimum requirement for an officer to arrest the passengers of a car along with the driver is:

A)probable cause.
B)a warrant.
C)reasonable suspicion.
D)clear and convincing evidence.

Question 21

The Fourth Amendment does not require the police to obtain a warrant before seizing an automobile from a public place:

A)only if they have a warrant to do so.
B)if they have probable cause to believe it is forfeitable contraband.
C)if they have reasonable suspicion to believe it is forfeitable.
D)only if they have a warrant and believe it is forfeitable.

Question 22

In United States v.Arvizu,the Court held that a reasonable suspicion determination in automobile stop cases is based on:

A)the totality of the circumstances.
B)probable cause.
C)each act viewed separately.
D)None of the answers are correct.

Question 23

An officer has validly stopped a motorist and wants to ask the motorist for consent to search.This request for consent:

A)must be based on a reasonable suspicion that there is contraband in the vehicle.
B)must be based on probable cause to believe that there is contraband in the vehicle.
C)may be made only if the suspect is arrested.
D)can be made at any time during the stop.

Question 24

A warrantless search of a vehicle must be based on:

A)reasonable suspicion.
B)probable cause.
C)clear and convincing evidence.
D)racial profiling.

Question 25

New York v.Belton is significant because it defines the extent of an allowable search of a(n)after a lawful arrest.

A)house
B)automobile
C)apartment
D)None of the answers are correct.

Question 26

Which of the following is NOT one of the three factors the Court adopted in Sitz as a balancing test to determine the constitutionality of police actions in cases involving sobriety checkpoints?

A)The gravity of the public concerns served by the seizure
B)The amount of alcohol in the persons' bloodstream
C)The degree to which the seizure advances the public interest
D)The severity of the interference with individual liberty

Question 27

Which is NOT a valid reason for vehicle impoundment?

A)The vehicle has been used for the commission of an offense
B)The vehicle impedes traffic
C)The vehicle threatens public safety
D)All of these are valid reasons.

Question 28

The Fourth Amendment protection against unreasonable searches and seizures does not apply in:

A)vehicles.
B)immigration and border searches.
C)public.
D)homes.

Question 29

In general,the justification for vehicle stops is:

A)probable cause.
B)a warrant.
C)reasonable suspicion.
D)no justification is required.

Question 30

Which of the following is a prerequisite for the valid inventory search of a motor vehicle?

A)Standardized procedures must be followed
B)No bad faith on the part of police
C)An itemized list of contents must be written
D)Both lack of bad faith and adherence to procedures

Question 31

In Atwater v.City of Lago Vista,the U.S.Supreme Court allowed:

A)the arrest of persons for fine-only traffic offenses.
B)roadblocks to interdict the flow of drugs.
C)random stops of vehicles to check for drunk driving.
D)racial profiles.

Question 32

A non-contemporaneous search still must be done within a reasonable time.Who has the burden of demonstrating unreasonableness?

A)The police
B)The defendant
C)The judge
D)The attorney

Question 33

In Indianapolis v.Edmond (2000),the U.S.Supreme Court invalidated a law enforcement checkpoint program aimed at:

A)illegal aliens.
B)drunk drivers.
C)illegal border intrusions.
D)drugs.

Question 34

__________searches of vehicles are valid but must follow departmental rules.

A)Evidentiary
B)Contraband
C)Inventory
D)Drug

Question 35

Robbins v.California held that there are five considerations which justify the "automobile exception" to the warrant requirement.Which of the following is not included in those considerations?

A)An automobile has a diminished expectation of privacy
B)Car's and their occupants travel in plain view
C)Automobiles are necessarily highly regulated by the government
D)The tinting of windows on the vehicle

Question 36

Generally,police officers may do which of the following after a valid stop of a vehicle?

A)Order the driver and passengers out of the car
B)Ask to see the driver's license
C)Question the vehicle's occupants
D)All of the answers are correct.

Question 37

According to the U.S.Supreme Court in Florida v.White (1999),if police have probable cause to believe a vehicle itself is forfeitable contraband,police may seize that vehicle without a warrant if it is parked:

A)on private property.
B)in a public place.
C)in a public or private place and is immobilized.
D)None of the answers are correct.

Question 38

Police have probable cause to believe that a container holds contraband.They see the container being placed in a vehicle.They have no probable cause as to the vehicle itself.To validly search the car for the container and seize the container,the police:

A)must obtain a warrant to search the car.
B)must obtain a warrant for the container.
C)must wait until they have probable cause that the vehicle itself also contains contraband.
D)need no further justification.

Question 39

Lower courts have generally found that the Fourth Amendment does not prohibit:

A)random stops of vehicles to check for drunk driving.
B)stopping a vehicle solely on the race or ethnicity of the driver.
C)random stops of vehicles to check for drugs.
D)roadblocks to check for drivers' licenses and vehicle registration.

Question 40

Which of the following is a basic rule governing vehicle stops by law enforcement officers?

A)Roadblocks are an exception to the reasonable suspicion rule
B)Traffic stops that are only pretexts for vehicle searches are valid
C)Arresting occupants for non-jailable offenses is valid
D)All of the answers are correct.

Question 41

Since this vehicle appears to have been in an accident,they:

A)must obtain a search warrant before they can look in the car.
B)may make a warrantless search for a weapon,if they have probable cause to believe that the vehicle contains a weapon.
C)may not touch the vehicle,but must wait for a tow truck.
D)may conduct a complete search of the vehicle,since they do not have probable cause.

Question 42

The power of the police to search a vehicle based on is extensive.

Question 43

Vehicle and searches are governed by different rules and should be treated separately.

Question 44

It is important that Officer Smith observes a traffic violation (operating a vehicle with a defective tail light),because vehicle stops:

A)may not be made randomly or on less than reasonable suspicion.
B)may not be based on reasonable suspicion;probable cause is required.
C)must be supported by a warrant.
D)cannot be based solely on vehicle make and model.

Question 45

Officer Franklin may search an automobile without a search warrant,as justified by five considerations.Which of the following is NOT one of these considerations?

A)The mobility of motor vehicles often makes obtaining a judicial warrant impractical.
B)A diminished expectation of privacy surrounds the automobile.
C)A car is used for transportation,not as a residence or a repository of personal effects.
D)The car's occupants are not in plain view.

Question 46

A search of a vehicle that is not motivated by a search for evidence of crime but involves listing the property found in the vehicle,is called a vehicle .

Question 47

Officer Franklin may search the container without a search warrant even though she lacks probable cause to search the car as a whole and only has probable cause to believe that the:

A)container itself contains contraband or evidence.
B)car itself contains contraband or evidence.
C)trunk itself contains contraband or evidence.
D)driver contains contraband or evidence.

Question 48

Officer Smith is seeking consent,rather than seeking a search warrant,because the Supreme Court has held that motor homes are automobiles for purposes of:

A)the Fourth Amendment.
B)the Fifth Amendment.
C)law enforcement.
D)due process.

Question 49

In Michigan Dept.of State Police v.Sitz,the U.S.Supreme Court approved checkpoints

Question 50

For Officer Franklin to conduct a warrantless search of the entire vehicle,she must have one of the following:

A)probable cause must be present and the vehicle must be abandoned.
B)probable cause must be present and the vehicle must be mobile.
C)reasonable suspicion must be present and the vehicle must be abandoned.
D)reasonable suspicion must be present and the vehicle must be mobile.

Question 51

After a valid traffic stop,an officer sees items which are clearly contraband inside the passenger compartment.The officer may promptly seize that contraband without a warrant or consent under the doctrine or exception.

Question 52

The courts have long held that motor vehicles,because of their ,should be governed by a different set of Fourth Amendment rules.

Question 53

In the absence of shell casings,and if there are no persons around the vehicle,the officers:

A)must obtain a search warrant before they can look in the car.
B)may not touch the vehicle,but must wait for a tow truck.
C)may make a limited warrantless entry to look for evidence of ownership.
D)may conduct a complete search of the vehicle,since they do not have probable cause.

Question 54

Officer Smith may search the motor home if he:

A)views the vehicle as equivalent to a home.
B)has a reasonable suspicion.
C)can set up a checkpoint for this purpose.
D)has probable cause.

Question 55

Inventory searches of vehicles are valid but must follow rules.

Question 56

If this vehicle matches the description of a vehicle stolen that morning from a bank parking lot,they:

A)must obtain a search warrant before they can look in the car.
B)may not touch the vehicle,but must wait for a tow truck.
C)may make a limited warrantless entry to look for evidence of ownership.
D)may conduct a complete search of the vehicle,since they do not have probable cause.

Question 57

For this to be a valid traffic stop,Officer Smith must:

A)inform the person that they are free to go before attempting to get consent to search the vehicle.
B)get a written consent to search,as oral consents are not valid.
C)inform the person of their Fourth Amendment right before getting a consent to search.
D)reasonably limit the duration of the stop.

Question 58

A stop of a motor vehicle for a traffic violation when the real reason for the stop is to investigate some other crime is called a(n)stop.

Question 59

Taking a vehicle into custody because it was used in crime,is impeding traffic,or is a threat to public safety is called a vehicle _.

Question 60

Motor homes are for purposes of the Fourth Amendment.

Question 61

A vehicle stop is a form of _.

Question 62

Roadblocks because of a(an)accident are constitutional.

Question 63

New York v.Belton (1981)is significant because it defines the extent of allowable search inside a(n)
after a lawful arrest.

Question 64

Stops for brief questioning that are routinely conducted at checkpoints are constitutional.

Question 65

Vehicle stops and searches may sound like one continuous act,but they are two separate acts and are governed by
________ rules.

Question 66

In Maryland v.Dyson (1999),the Court stated that if the police have to search a car,they do not need a warrant even if there was ample opportunity to obtain one.

Question 67

Warrantless searches of motor vehicles are constitutional as long as the vehicle is ,meaning it can be driven away at any time.

Question 68

The first or "mother" of all automobile exception cases was the U.S.Supreme Court's 1925 decision in v.U.S.

Question 69

In Carroll v.United States (1925),Carroll's was searched and the officers found bottles of gin and whisky.

Question 70

In Illinois v.Lidster (2004),the U.S.Supreme Court stated that the "Fourth Amendment does not treat a motorist's car as his _."

Question 71

In Robbins v.California (1981),the U.S.Supreme Court stated five considerations that justified the "________
exception" to the warrant requirement.

Question 72

A is the brief detention of a person when the police officer has reasonable suspicion,in light of his or her experience,that criminal activity is about to take place.

Question 73

If a driver has been arrested,the police may conduct a search of the passenger compartment of the car.

Question 74

Inventory searches of vehicles are valid,but must follow rules.

Question 75

Even if there is no probable cause or reasonable suspicion,the officer may search the car if is given.

Question 76

After a valid stop,the officer may seize items in plain view.

Question 77

Warrantless searches of motor vehicles after a stop are constitutional as long as the officer has for the
search.

Question 78

A valid stop does not give officers the authority to search the vehicle.

Question 79

__________are an exception to the rule that vehicle stops must be justified by suspicion of the occupant's involvement in criminal activity.

Question 80

Warrantless searches of all portions of a motor vehicle are valid,but is required.