Deck 6: Searches and Seizures of Property

Question 1

Which of the following best describes the rules addressing how long officers must wait after a knock and announcement before breaking into a building?

A)Officers must knock and announce once, then wait about 15 s.
B)Officers must knock and announce twice, then wait about 15 s.
C)Officers must knock and announce once, then wait at least 1 min.
D)Officers must knock and announce once.The wait time depends on the situation at hand.

Answer 1

D

Question 2

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

A)informed-entry
B)knock-and-announce
C)safe-entry
D)reasonable-entry

Answer 2

B

Question 3

The reasonableness clause is a component of the ______ Amendment.

A)Fourth
B)Fifth
C)Sixth
D)Eighth

Answer 3

A

Question 4

In which of the following court cases did the U.S.Supreme Court uphold the reasonableness of anticipatory search warrants?

A)United States v.Grubbs
B)Maryland v.Harrison
C)United States v.Prout
D)Coolidge v.New Hampshire

Question 5

In which of the following cases did the court conclude that police officers are never required to knock and announce their presence when executing a search warrant in a felony drug investigation?

A)Wilson v.Arkansas
B)United States v.Banks
C)Carroll v.Carman
D)Richards v.Wisconsin

Question 6

The particularity requirement requires specificity of ______.

A)the address/location
B)the name of the individual affected
C)the name of the officer involved
D)the name of the judge

Question 7

All of the following are situations listed in the Wilson v.Arkansas court case where the knock-and-announce rule is not required except ______.

A)there exists a threat of physical violence
B)a prison has escaped and fled into the home
C)it is reasonably expected the suspect will attempt to flee
D)it is reasonably expected that evidence will be destroyed

Question 8

All of the following are standard details given in a warrant application to fulfill the particularity requirement except ______.

A)the specific address to be searched
B)specific locations at an address (e.g., bedroom, garage)
C)the item to be searched for and/or seized
D)the method of searching to be used

Question 9

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

A)An officer arrests the suspect in his bedroom and searches under his bed.
B)An officer arrests the suspect in a diner and searches the pockets of his coat on the seat next to him.
C)An officer arrests a suspect who was driving his car and searches a backpack in the back seat.
D)An officer arrests a suspect who was driving his car and searches the trunk of the car.

Question 10

All of the following are explanations frequently cited as justification for the knock-and-announce rule except ______.

A)minimization of neighborhood fear of police
B)prevention of violence against the officers
C)protection of privacy for the occupants
D)prevention of destruction of property

Question 11

All of the following are standard justifications for allowing a warrantless search incident to arrest except ______.

A)maintain the safety of the officer
B)maintain the safety of the suspect
C)prevent the suspect from fleeing
D)prevent the concealment of evidence

Question 12

The particularity requirement must identify which of the following?

A)place to be searched
B)persons subject to search or seizure
C)demographic characteristics of persons affected by the warrant
D)the name of the issuing judge

Question 13

In which of the following court cases did the court reason that the question of whether there is probable cause to justify a search is best answered by a "neutral and detached magistrate?"

A)Johnson v.United States
B)Harris v.United States
C)United State v.Grubbs
D)Maryland v.Harrison

Question 14

Historically, the U.S.Supreme Court has preferred that searches be conducted with a warrant issued by a ______.

A)police officer
B)police chief
C)district attorney
D)magistrate or judge

Question 15

In Coolidge v.New Hampshire, the Supreme Court held that a warrant issued by the ______ of New Hampshire was invalid.

A)judge
B)police officer
C)attorney general
D)magistrate

Question 16

All of the following are explanations typically offered for the knock-and-announce rule except ______.

A)the rule protects against individuals mistakenly believing their home is being burglarized and acting in self-defense against the intruders
B)the occupants of the home are able to prepare for the entry of the police and avoid embarrassment
C)the police are voluntarily dismissed and are not forced to knock down the door and destroy property
D)police are burdened by the requirement to announce their presence before entering the dwelling of another

Question 17

Warrants authorizing the interception of any wire, oral, or electronic communication must include all of the following except ______.

A)race of the applicant
B)details of the offense
C)the identity of the individual whose conversation is to be intercepted
D)arrangements for storage of intercepted communications

Question 18

Rule 41(2)(A)(ii) of the Federal Rules of Criminal Procedure requires that all searches must be carried out within ______.

A)5 days
B)10 days
C)15 days
D)20 days

Question 19

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?

A)30 s
B)up to 5 min
C)up to 10 min
D)The amount of time varies with the circumstances.

Question 20

The knock-and-announce rule has roots in ______ law.

A)Spanish
B)English
C)Roman
C)Greek

Question 21

Which of the following statements regarding consent searches is true?

A)The more requests that are made, the more likely it is that there is voluntary consent.
B)An individual who voluntarily turns himself or herself in to the police is less likely to have cooperated with the police.
C)A refusal to sign a form is considered to be controlling instances in which a defendant verbally agrees to a consent search.
D)An individual who receives a warning is less likely to have been coerced into a waiver.

Question 22

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

A)An officer asks a suspect 6 times for permission before he grants it.
B)A suspect refuses to answer an officer's request for permission but then does not object when the officer searches his bag.
C)Police interrogate an elderly suspect for 12 straight hours before asking once for permission to search and he grants it.
D)A suspect voluntarily turns himself in to the police and submits to a search in the police station after being taken into custody.

Question 23

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

A)objective reasonableness
B)subjective reasonableness
C)officer interpretation
D)reasonable interpretation

Question 24

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

A)a search of a gym bag sitting on the back seat
B)a search of a locked box sitting on the front passenger seat
C)a search of an unlocked toolbox in the trunk
D)a search of the pockets of a jacket in the trunk

Question 25

Which of the following court causes is viewed as a significant exception to the contemporaneous requirement?

A)Chimel v.California
B)Rawlings v.Kentucky
C)United States v.Edwards
D)Preston v.United States

Question 26

In which of the following cases did the Supreme Court define the scope of a search incident to an arrest?

A)Chimel v.California
B)Riley v.California
C)Rawlings v.Kentucky
D)Paulino v.State

Question 27

The Supreme Court decisions in ______ established the bright-line rule.

A)Chimel and Gant
B)Gant and Belton
C)Robinson and Gustafson
D)Knowles and Gant

Question 28

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?

A)Yes, his actions indicated he was willing to prove to the officer he was clean.
B)Yes, he didn't put up a fight of any sort.
C)No, the officer failed to have him sign a waiver.
D)No, consent must be unequivocal and specific.

Question 29

A search incident to an arrest is required to be ______

A)contemporaneous
B)stale
C)unlawful
D)constitutionally protected

Question 30

What level of proof is needed to establish that a suspect consented to a voluntary search?

A)beyond a reasonable doubt
B)probable cause
C)preponderance of the evidence
D)reasonable suspicion

Question 31

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

A)prosecutor
B)judge
C)searching officer
D)arresting officer

Question 32

In which of the following scenarios voluntary consent to submit to a search will most likely be found except ______.

A)a suspect is taken into custody and then consents to a search of his vehicle
B)a suspect grants permission after being asked once but is not informed that he can refuse
C)a suspect gives verbal permission to search his bag but then refuses to sign a consent form
D)a suspect with a moderately long criminal record is asked once for permission and grants it

Question 33

The area of immediate control is commonly referred to as the ______.

A)plain view area
B)grab area
C)unsafe area
D)proximate area

Question 34

All of the following are reasons the U.S.Supreme Court adopted the bright-line rule in regard to a search incident to arrest except ______.

A)the courts do not have the resources to review every search incident to arrest
B)officers should not be forced to judge reasonableness in that manner
C)officer safety is of utmost importance
D)arrestees have lost a degree of personal privacy

Question 35

Upon which party does the burden of proof rest and to what degree must it be established in an attempt to establish the voluntariness of a consent search?

A)The prosecution must prove voluntariness by a preponderance of the evidence.
B)The prosecution must prove voluntariness beyond a reasonable doubt.
C)The defendant must prove voluntariness by a preponderance of the evidence.
D)The defendant must prove voluntariness beyond a reasonable doubt.

Question 36

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

A)voluntary
B)not a result of implied coercion
C)not a result of duress
D)a result of expressed coercion

Question 37

Which of the court cases significantly modified the bright-line rule?

A)Arizona v.Gant
B)New York v.Belton
C)United States v.Robinson
D)Chimel v.California

Question 38

Which of the following court cases highlighted the lack of consent?

A)Commonwealth v.McGrath
B)State v.Tye
C)People v.Jefferson
D)United States v.Knope

Question 39

The U.S.Supreme Court has held what in regard to the search of a suspect's crotch area?

A)Consent to search a person includes any area of the body.
B)Consent to search a person includes any outer area but not the body cavities.
C)Special permission must be obtained to search an individual's crotch area.
D)Officers must obtain specific permission from the individual to search any body part.

Question 40

Voluntariness, as required for consent, is determined using which test?

A)the consent test
B)the objective person rule
C)totality of the circumstances
D)probable cause

Question 41

In which of the following cases did the Supreme Court establish the automobile exception?

A)Carroll v.United States
B)California v.Carney
C)Texas v.White
D)Chambers v.Maroney

Question 42

The Supreme Court held that when an individual is arrested, it is reasonable for an officer to search the person arrested.

Question 43

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?

A)Anywhere in the car drugs can be hidden.
B)on the suspected person and in the trunk
C)on the suspected person and in the bag in the trunk
D)They cannot stop him until they get a warrant.

Question 44

One aspect of a granted warrant may be that it must be carried out at a certain time of day.

Question 45

If an individual grants consent to search his or her home then later withdraws it, the officers ______.

A)must stop immediately
B)must stop immediately and return any seized items
C)may finish searching their immediate area
D)may disregard the withdrawal of consent

Question 46

Which of the following authority to consent examples is accurate?

A)A landlord may consent to the search of a tenant's apartment.
B)A motel clerk may consent to the search of a room that has been rented out.
C)A parent may consent to the search of those areas under the control of a juvenile, such as a bedroom.
D)An employer may give consent to search of all areas of their business offices, including locked desk drawers.

Question 47

Which of the following searches should be considered constitutional?

A)A wife consents to search of her and her husband's entire home, even though he is not present; police search the entire home.
B)A wife consents to a search of her home although her husband, who is present, denies consent; police search the living room and then leave.
C)A roommate consents to a search of his dorm room, even though the other occupant is not there; police search the entire room, including both roommates' desks.
D)A roommate consents to a search of his roommates rooms but not his own.

Question 48

Requiring the police to obtain a warrant before undertaking every search may endanger the police and public.

Question 49

The particularity requirement requires that a warrant set forth the demographic characteristics of the applicant.

Question 50

All of the following are true regarding inventory searches except ______.

A)unlawful items found can be used as evidence at trial
B)they cannot be used as a pretext for an investigative search
C)an inventory is a reasonable administrative procedure under the Fourth Amendment
D)officers are required to have reasonable suspicion to inventory the contents of a container

Question 51

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.

Question 52

Two roommates share an apartment, sharing all rooms except their separate bedrooms.One roommate can grant consent to search all of the following rooms except ______.

A)living room
B)kitchen
C)bathroom
D)the second roommate's bedroom

Question 53

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

A)beyond a reasonable doubt
B)probable cause
C)preponderance of the evidence
D)reasonable suspicion

Question 54

A search incident to an arrest is required to be contemporaneous with the arrest.

Question 55

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

A)First
B)Fifth
C)Ninth
D)Fourteenth

Question 56

Warrants should be issued by an objective magistrate or judge or individual with the ability to determine probable cause.

Question 57

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.

Question 58

Which of the following court cases ruled that police may enter a dwelling without a warrant to prevent the destruction of evidence or in hot pursuit of a fleeing suspect or in response to a threat to the public safety?

A)Terry v.Ohio
B)Arizona v.Hicks
C)State v.Shamblin
D)Cupp v.Murphy

Question 59

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.

Question 60

The area of immediate control commonly is referred to as the grab area or lunging area.

Question 61

In general, courts require a clear, unambiguous, and unequivocal act or statement of withdrawal of consent.

Question 62

Identify the three explanations that typically are offered for the knock-and-announce rule.

Question 63

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

Question 64

What is the particularity requirement?

Question 65

Identify a few of the types of searches reviewed in the text.

Question 66

How can you differentiate the warrantless search of an automobile from the warrant requirement to search luggage outside the automobile?

Question 67

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

Question 68

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

Question 69

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

Question 70

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

Question 71

An employer may give consent to a search of all areas other than those with a high expectation of privacy, such as a locked desk drawer in an office.

Question 72

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?

Question 73

An officer's subjective motivations need not be considered in regard to the Fourth Amendment justifications for an arrest.

Question 74

What are some of the factors considered in determining whether the totality of the circumstances indicates that the defendant voluntarily consented to a search?

Question 75

Identify the three purposes of searches incident to an arrest.

Question 76

Knock and talk searches are always considered constitutional, even when police officers are drawing their weapons.

Question 77

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.

Question 78

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.

Question 79

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

Question 80

Identify some of the contents of warrants that authorize the interception of any wire, oral, or electronic communication.