Deck 6: Arrests and Use of Force

Question 1

In order to conduct a consent search of a person, an officer must have
I) probable cause to believe the suspect has seizable items on his person.
II) a valid warrant.
III) reasonable suspicion to make a stop.
IV) voluntary consent to search.

A) I, IV
B) I, II
C) III, IV
D) IV

Answer 1

D

Question 2

According to Supreme Court Justice Robert H. Jackson, Chief prosecutor at the Nuremberg Trials appointed by President Truman:
I) uncontrolled searches and seizures are one of the first and most effective
Weapons of every arbitrary government.
II) the right against searches and seizures is one of the most difficult to protect.
III) the Fourth Amendment should be placed in a "deferred" instead of the
"preferred" position by the Court.
IV) Americans do not fully appreciate the importance of the Fourth Amendment
Protection.

A) I, II, IV
B) II, IV
C) I, III
D) III

Answer 2

A

Question 3

Concerning pretext searches:
I) they are powerful investigative tools that police use to gather evidence against suspects.
II) they are used with searches incident to arrest.
III) officers using them usually have probable cause to arrest for some felony.
IV) the Supreme Court has decided that they do not violate the Fourth Amendment.

A) I, II, III, IV
B) I, II
C) I, II, IV
D) I, IV

Answer 3

D

Question 4

According to the Supreme Court's decision in Whren v. U.S, concerning the use of a pretext arrest in a drug search:

A) pretext arrests violate the Fourth Amendment.
B) courts should use a "balancing" test to decide the constitutionality of auto stops.
C) a search incident to a lawful arrest for a traffic violation is a reasonable Fourth Amendment search.
D) pretext stops and searches incident to them should be kept at a minimum.

Question 5

In U.S. v. Robinson (1973), the police had stopped the defendant for driving with a revoked driver's permit. The Supreme Court's ruling with respect to the legality of the search of the defendant is important because it held that:

A) a search incident to arrest may be conducted only where there is probable cause that the arrestee has weapons or evidence on his person.
B) a search incident to arrest may be conducted only where there is reasonable suspicion.
C) a search incident to a full custody arrest may be conducted regardless of the likelihood of finding weapons or evidence on the arrestee's person.
D) a search may not be conducted incident to an arrest for a traffic offense.

Question 6

The Fourth Amendment particularity requirement for search warrants:

A) does not require a specific address of the place to be searched, but the items to be seized must be specifically described
B) requires that the warrant specifically describe the place to be searched and the things to be seized.
C) requires a specific address but gives police the discretion to search for whatever they might consider incriminating evidence
D) requires police to describe in detail their reasons for requesting a search warrant

Question 7

The three countervailing law enforcement interests against "no-knock" entry requirements identified by Justice Thomas in Wilson v. Arkansas include:
I) safety of officers.
II) safety of occupants.
III) escape of prisoner.
IV) destruction of evidence.

A) I, II, III, IV
B) I, II
C) II, IV
D) I, III, IV

Question 8

Police ordinarily seek consent to search:

A) when they do not have probable cause and cannot get a warrant.
B) after a judge has refused to issue a warrant.
C) when they think the person is intoxicated.
D) when they are dealing with teenagers.

Question 9

Exceptions to the search warrant requirement exist because:
I) the clear rule that warrants are required is unworkable.
II) officers become frustrated with the delay that getting a warrant involves.
III) to enforce the requirement would lead to the exclusion of evidence in cases
Where police activity was reasonable.
IV) they are specifically approved by the United States Constitution.

A) II, III, IV
B) II, III, IV
C) I, III, IV
D) I, II, III

Question 10

Which of the following government interests are protected by the rule that searches incident to arrest are reasonable?
I) the interest in protecting law enforcement officers
II) the interest in preserving evidence
III) the interest in the suspects reasonable expectation of privacy
IV) the interest in preventing the escape of suspects

A) I, II, III, IV
B) I
C) I, II
D) I, II, IV

Question 11

The reasonableness of searches pursuant to search warrants depends on
I) the existence of probable cause.
II) the extent of the search.
III) the particularity of the warrant.
IV) the manner in which the police enter the place to be searched.

A) I, III, IV
B) I, II, III, IV
C) I, II, IV
D) II, III, IV

Question 12

Generally, no-knock entries to execute search warrants are permitted if certain conditions exist. These conditions include:
I) the suspect in the crime owns the place to be searched.
II) a situation where the suspect might easily destroy evidence.
III the seizure involves more than one suspect.
IV) an announced entry would endanger the officers' safety.

A) I, III
B) I, II, III, IV
C) IV
D) II, IV

Question 13

According to the Supreme Court in New York v. Belton, involving a search of the passenger compartment of a car and its contents incident to an arrest:

A) police may always search if they have probable cause to do so.
B) officers must have probable cause to search the passenger compartment.
C) when a police officer has made a lawful custodial arrest of the occupant of an automobile a contemporaneous search of the passenger compartment is incident to the arrest.
D) officers may search containers found in the passenger compartment if they have reasonable suspicion the containers hold contraband or weapons.

Question 14

According to the Court of Appeals decision in United States v. Rodney:

A) consent to search a person includes consent to frisk the groin area.
B) consent to search a person does not include consent to frisk the groin area.
C) consent to search a person includes consent to frisk the groin area only if police specifically ask for such.
D) consent to search a person includes consent to frisk the groin area as long as the police have no reason to believe the suspect will object to such on religious grounds.

Question 15

The following are all examples of emergency search situations except:

A) following a suspect they are chasing into a home.
B) searching crates off a boat after the police have received word that a shipment of drugs will be contained in the crates.
C) entering and searching a house when police have received a call for help from someone in the house.
D) entering a house on fire to search for anyone potentially inside.

Question 16

According to the Supreme Court in Chimel v. California, involving the search of a house incident to an arrest for burglary of a coin shop:

A) it is not reasonable to search a person who is lawfully arrested.
B) it is not reasonable to search an entire house incident to a lawful arrest of someone there.
C) the Fourth Amendment does not protect searches incident to lawful arrests.
D) police must always have search warrants to search persons.

Question 17

Which is true about containers?

A) They can only be searched with probable cause and a warrant.
B) No warrant is ever needed to search them, if there is probable cause to do so.
C) No warrant is needed if the container is found in a car the police have probable
Cause to search, and the container is a likely place where the items searched for may be found.
D) No warrant is needed if the container is found in a vehicle the police have probable cause to search, regardless of the nature of the container.

Question 18

In Wilson v. Arkansas, the Supreme Court unanimously decided that:

A) the Fourth Amendment prohibits all "no-knock" entries.
B) the Fourth Amendment does not prohibit "no-knock" entries.
C) the police are never required to follow the rule of announcement when executing a search warrant.
D) ordinarily, the Fourth Amendment requires police knock and announce.

Question 19

In Knowles v. Iowa, concerning an instance where a driver had been given a citation for speeding but had not been arrested, the Supreme Court:

A) said that the officer issuing the citation could still do a search incident to arrest.
B) believed that the same concern for officer safety that was present in a full custodial arrest situation was present in every traffic stop.
C) said that police could not automatically do a search incident to arrest when only a citation is given the driver, as opposed to when an arrest occurs.
D) said the police could automatically do a search incident of the driver's person, but not of the vehicle.

Question 20

Under the holding in Chimel v. California (1969), a leading Supreme Court case on searches incident to arrest, the police must limit a thorough search incident to arrest to:

A) the arrestee's person (body and clothing).
B) the arrestee's person and the area within his immediate control.
C) the arrestee's person and the room in which he is arrested.
D) the arrestee's person and the house or apartment where he is arrested.

Question 21

When a suspect is arrested in a car or other vehicle, police as part of the search incident to the arrest may search the vehicle's trunk

Question 22

The major issue of contention between the Supreme Court majority opinion and the dissenting opinion in Schneckloth v. Bustamonte, the case involving the consent search of the defendant's car, was:

A) whether consent to search was actually obtained by the officers.
B) whether the initial stop of the defendant's car was lawful.
C) the coercion of the defendant to obtain the consent.
D) whether the police must inform a suspect of her right to refuse consent to a consent search.

Question 23

Police officers at the scene of a fire:
I) do not need a warrant to remain in a burned building to look for injured victims.
II) do not need a warrant to remain in a burned building to investigate the cause of the fire or explosion.
III) must get a warrant to search for evidence of crime once they determine the cause of the fire.
IV) can search suspicious onlookers without a warrant.

A) I, II, III, IV
B) I, II, III
C) I, III
D) IV

Question 24

A search warrant must specifically identify "the things to be seized." This particularity requirement may not be met by specifying an entire class of items.

Question 25

The Fourth Amendment does not prohibit all "no-knock" entries.

Question 26

Concerning third party consent to search, in which of the following situations can one person consent to a search for the other person?

A) a janitor consenting to the search of the employer's premises
B) a school administrator consenting to the search of a guidance counselor's locked desk containing confidential records
C) a factory owner consenting to a search of items on top of an employee's workbench
D) a landlord consenting to the search of a tenant's apartment

Question 27

The vehicle exception to the warrant requirement is based upon:
I) the inherent mobility of the vehicle.
II) the impracticality of impounding the vehicle and getting a warrant.
III) convenience of the police.
IV) the reduced expectation of privacy in vehicles.

A) I, II
B) I, IV
C) II, III
D) II, IV

Question 28

According to the Supreme Court opinion in Schneckloth v. Bustamonte, involving a search of a car obtained by consent:
I) the question of whether consent was voluntary is a question of fact to be determined by the totality of all the circumstances.
II) the government need not prove that citizens know they have a right to refuse consent.
III) probable cause is required to conduct consent searches.
IV) consent searches can only be conducted if it is inconvenient to get a warrant.

A) I, II, III, IV
B) I, II, IV
C) I, II
D) III, IV

Question 29

Which of the following items may be considered containers for purposes of Fourth Amendment searches without warrants?
I) a brown paper bag
II) a small briefcase
III) a sport duffel bag
IV) a backpack

A) I, II, III, IV
B) II, III, IV
C) II
D) II, IV

Question 30

In Wyoming v. Houghton, concerning the search of a passenger's purse for drugs based on probable cause that drugs are in the vehicle, the U.S. Supreme Court declared that:

A) if police know or should know that a passenger owned the purse they cannot search it.
B) the passenger can prevent the search by identifying the container as his or her's.
C) the police must seize the purse or other container until they get a search warrant.
D) the police may inspect passengers' belongings that are capable of concealing the object of the search.

Question 31

The scope of a search incident to arrest includes the entire place where the suspect is
arrested.

Question 32

Who among the following can give consent for a third person?
I) parents for their minor children.
II) roommates, consenting to searches of the common areas, for those who share apartments with them.
III) wife consents to a search of house she shares with spouse.
IV) janitor consents to a search of his suspect employer's premises.

A) I, II, III, IV
B) I, II, III
C) II, IV
D) I

Question 33

Regarding consent searches:
I) they require probable cause.
II) they may be authorized by persons other than the owner of the property searched.
III) the scope of the search may be limited by the person consenting.
IV) according to recent case law, the consent to search may be withdrawn at any time.

A) I, II, III, IV
B) II, III, IV
C) II, III
D) III

Question 34

Law enforcement officers often prefer searches without warrants because of the time or effort it takes to get a warrant issued.

Question 35

If the police come across containers and believe that the containers contain evidence of crime:
I) they can briefly detain the containers to prevent their loss or destruction.
II) they can search them without a warrant or probable cause.
III) they may seize and search containers when they have probable cause to believe the containers in vehicles contain evidence of crime.
IV) they cannot seize or search a closed opaque container without a search warrant.

A) I, II, III, IV
B) I, III
C) II, III
D) IV

Question 36

In Illinois v. Rodriguez (1990), the police conducted the consent search of the suspect's apartment based on the consent of the suspect's former girlfriend. According to the Supreme Court's opinion:

A) third party consent cannot be used to enter a person's home whether to make an arrest or search.
B) the third party giving consent to search must have actual authority over the premises.
C) the warrantless entry to search based on third party consent is valid if the officer reasonably believes that the person consenting had authority to consent.
D) search completed pursuant to an officer's reasonable but mistaken belief that a third party had authority to consent violates the Fourth Amendment.

Question 37

In Arizona v. Gant (2009), the Supreme Court ruled:

A) when a police officer makes a lawful custodial arrest of an occupant of an automobile, he may always search the passenger compartment.
B) police may search a vehicle incident to an occupant's arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it's reasonable to believe the vehicle contains evidence related to the offense of arrest.
C) police may search a vehicle's passenger compartment incident to a lawful custodial arrest of an occupant if they have probable cause to search.
D) police must rely on inventory searches in order to search the passenger compartment of a vehicle.

Question 38

According to the empirical research about consent searches:

A) lower courts find that consent was voluntary in all but the most extreme cases .
B) lower courts are very willing to set consent searches aside when they find they were not voluntary
C) there are so few consent search cases that courts have had little opportunity to rule on the issue
D) judges are skeptical of consent searches and critical of the police in their opinions

Question 39

According to the waiver test of consent:

A) any search free of coercion is obtained by consent.
B) those who consent need to know they have a right to refuse consent.
C) once a person consents, they cannot retract their consent.
D) a consent search is valid only if the person consenting voluntarily and knowingly waives her Fourth Amendment rights.

Question 40

Concerning the scope of consent searches:
I) consent searches are unreasonable if they exceed the scope of the consent.
II) consent searches are unreasonable if they exceed the apparent authority of the person giving the consent.
III) the test to determine the reasonableness of a consent search is based on the totality of the circumstances.
IV) the test to determine the reasonableness of a consent search is whether the officers reasonably believe that the search is within the scope of consent obtained.

A) I, II, III, IV
B) I, III
C) I, II, IV
D) III

Question 41

Voluntary and knowing searches require neither a warrant nor probable cause.

Question 42

If police officers have probable cause to search and they reasonably believe that evidence is in imminent danger of destruction, they can search without a warrant.

Question 43

Subjective intentions of the police play an important role in ordinary, probable cause Fourth Amendment analysis.

Question 44

The requirement that search warrants have to "particularly describe the place to be searched" is known as .

Question 45

The area of arrested persons themselves and the area under their immediate control is called the ______________.

Question 46

The reasonableness of a search pursuant to a search warrant does not depend on the manner in which the police enter the place which the warrant authorizes them to search.

Question 47

The third question in the law of searches asks "__________________________?"

Question 48

The voluntariness test for deciding when a citizen has given lawful consent to search reflects a balance between the competing concerns of lawful enforcement's need for consent searches and citizens' right to be free from police coercion.

Question 49

A arrest occurs when an officer uses a legal justification to stop a vehicle to search for evidence of an unrelated serious crime for which he did not have the probable cause necessary to support the stop.

Question 50

The vehicle or automobile exception is an exception to the requirement that police have ________ before conducting a search.

Question 51

The law of searches involves a three-step analysis. The first question in this analysis is "_________________________________?"

Question 52

The expectation of privacy that people have in their briefcases, purses and luggage is less than the expectation of privacy that they have in their homes, but greater than the expectation they have in their vehicles.

Question 53

The knock-and-announce rule's origins come from English common law.

Question 54

Concerning arrests for minor crimes, the Supreme Court has decided to leave to police discretion whether suspects ought to be searched incident to their arrest.

Question 55

The exigent circumstance constituting the need to apprehend a fleeing suspect is ______.

Question 56

Most searches take place pursuant to warrants.

Question 57

Frustration with the amount of time and effort it can take to get a warrant often tempts police to avoid the Fourth Amendment's warrant requirement.

Question 58

The second question in the law of searches analysis asks whether ____________.

Question 59

After a police officer issues a stopped motorist a citation for a traffic offense, the officer
can search the stopped car without the motorist's consent.

Question 60

A test in which the totality of circumstances is used to determine whether a consent to search was obtained without coercion, deception or promises is the ______________ test.

Question 61

Identify three exceptions to the "knock and announce" rule.

Question 62

Identify four emergency searches, and describe why each falls under the exception to the warrant requirement.

Question 63

Give examples of who can consent to a search for someone else. Explain the difference between actual and apparent authority to consent for another person.

Question 64

Describe a search incident to a pretext arrest, and explain its significance.

Question 65

What's the rule regarding searches incident to arrests for minor offenses? Describe how and why the U.S. Supreme Court created and applied the rule in U.S. v. Robinson.