Deck 11: Developing Law of Search and Seizure

Question 1

The affidavit for a search warrant is a document completed under oath stating facts to establish probable cause.

Answer 1

True

Question 2

Evidence derived from evidence obtained in an unconstitutional manner is never admissible as part of the prosecution's case-in-chief.

Answer 2

False

Question 3

The "strict scrutiny" test is used to determine if an affidavit contains sufficient facts to establish probable cause.

Answer 3

False

Question 4

Under the Good Faith Exception to the Exclusionary Rule, evidence is admissible by the prosecution at trial whenever it was seized by officers who had a good-faith belief that their actions were legal.

Question 5

Evidence officers seized in violation of the Fourth Amendment is admissible if the same evidence was discovered by an independent source using appropriate methods that do not violate the suspect's constitutional rights.

Question 6

Officers may conduct a protective sweep when executing a search warrant only if they have prior authorization from a judge.

Question 7

The Public Safety Exception to the Exclusionary Rule makes evidence admissible anytime the police conduct a search with the intent to protect the public's safety.

Question 8

The erroneous admission of illegally seized evidence at trial is grounds for automatic reversal of a conviction.

Question 9

Items found in plain view while properly executing a search warrant are admissible at trial even though they were not mentioned in the warrant.

Question 10

If officers illegally seize evidence, that evidence is not admissible at trial even if it was inevitable that it would have been discovered.

Question 11

Only a person whose reasonable expectation of privacy has been violated can petition the court to exclude evidence obtained in violation of the Fourth Amendment.

Question 12

Officers are exempt from the knock-and-announce procedure if they are executing a valid warrant in a commercial building.

Question 13

A search warrant is not valid if the facts used to establish probable cause were stale.

Question 14

A search warrant for a house gives the police authority to search all closets and cabinets in the house.

Question 15

The Fourth Amendment mandates that police officers have probable cause in order to make an arrest.

Question 16

The Fourth Amendment only applies to the issuing of search and arrest warrants.

Question 17

Anonymous information cannot be used to obtain a warrant.

Question 18

Statements obtained without coercion during questioning conducted in violation of Miranda can be used during trial to impeach the person who made the statements.

Question 19

Search warrants are issued by the prosecutor.

Question 20

A "return" is filed on a search warrant only if the officers failed to execute it in the time prescribed by law.

Question 21

The police do NOT need a warrant to enter a house:

A) in emergency situations to render medical aid to people in the house.
B) when investigating a crime that occurred in the house.
C) when arresting a person who lives in the house.
D) a warrant is not needed in any of these situations.

Question 22

The facts presented to a judge to support issuing a search warrant should be very detailed because:

A) only one request for a search warrant is allowed per case.
B) the judge will use them to independently decide if there is probable cause.
C) they must establish beyond a reasonable doubt where the evidence is located.
D) the prosecutor will rely on them at the Preliminary Hearing.

Question 23

The Fourth Amendment prohibits:

A) all searches without a warrant.
B) all searches of a home without a warrant.
C) all searches and seizures without a warrant.
D) unreasonable searches and seizures.

Question 24

Evidence seized in violation of the Fourth and Fifth Amendments may be used:

A) at a Grand Jury hearing
B) at a trial in civil court
C) at a parole revocation hearings
D) the evidence will be admissible at all of these proceedings

Question 25

Assume that the police illegally arrested John. Incident to the arrest, they searched him and found counterfeit money in his pocket. The officer asked John where the money came from. John told the officer that his friend, Fred, printed it. If Fred is charged with counterfeiting, he can have the evidence found in John's pocket ruled inadmissible based on:

A) The Exclusionary Rule
B) Fruit of the Poison Tree
C) Harmless Error Rule
D) Fred does not have the right to challenge the search of John

Question 26

If officers legally obtain a search warrant but fail to follow proper knock-and-announce procedures:

A) everything they seize will be inadmissible in court
B) everything they seize based on the Plain View Doctrine will be inadmissible in court
C) everything seized will be inadmissible in court if anyone was at home at the time
D) everything they seize while properly executing the warrant will be admissible

Question 27

George was arrested for kidnapping someone for ransom. The kidnap victim, who had severe medical problems and needed regular medication, had not been found. Immediately upon handcuffing George, an officer demanded to know where the victim was. George gave the officer the address. George's statement will be:

A) Inadmissible because there were no Miranda warnings
B) Admissible under the Impeachment Exception to the Exclusionary Rule
C) Admissible under the Public Safety Exception to the Exclusionary Rule
D) Admissible under the Inevitable Discovery Exception to the Exclusionary Rule

Question 28

Information supporting issuing a search warrant must be:

A) obtained by eye witnesses.
B) made under oath or affirmation.
C) Notarized.
D) all of these are required in order to obtain a search warrant

Question 29

The Fruit of the Poison Tree Doctrine:

A) makes all evidence obtained in violation of the Fourth Amendment inadmissible at trial
B) makes evidence derived from evidence found in violations of the Fourth Amendment inadmissible at trial
C) only applies to evidence obtained in violation of the Fifth Amendment
D) was abolished by the Supreme Court in the Wong Sun case

Question 30

When are the police allowed to search people when executing a search warrant?

A) police can thoroughly search everyone on the premises whenever they execute a search warrant
B) police can do a pat-down for weapons on every person present when they execute a search warrant
C) police can do a thorough search of people on the premises only if the warrant specifically authorizes the search of those individuals
D) police cannot search people when executing a search warrant unless they are arresting them

Question 31

Officer Jones obtained a confession in violation of Miranda . In the confession, the suspect indicated he had hidden the stolen diamonds in the park in a soft drink can. A city park ranger found the diamonds before the police had a chance to recover them. The diamonds will be admissible at trial based on:

A) Independent Source Exception to the Exclusionary Rule
B) Good Faith Exception to the Exclusionary Rule
C) Impeachment Exception to the Exclusionary Rule
D) none of these

Question 32

The "totality of the circumstances test" established in Illinois v. Gates :

A) requires that prior reliability be established for each person who provided facts included in the application for a search warrant.
B) allows judges to use information from both police and other people when deciding whether or not to issue a search warrant.
C) allows judges to look at all of the facts when issue a search warrant rather than requiring that informants be shown to be previously tested for reliability.
D) allows judges to issue a search warrant if all the facts indicate criminal activity even though the police have not determined what crime is involved.

Question 33

In which of the following situations are police required to comply with knock-and-announce?

A) entering an apartment
B) entering a commercial building
C) entering a store without consent
D) all of these require knock-and-announce

Question 34

What is the purpose of the "return" on a warrant?

A) make sure that all documents are returned to the court file
B) document requests for warrants that were rejected
C) document how many attempts were made before successfully executing the warrant
D) provide a record of when the warrant was served and what evidence was seized

Question 35

The Exclusionary Rule currently applies:

A) only in federal court
B) only to federal law enforcement agents
C) to both local and federal law enforcement agents
D) Exclusionary Rule is no longer used

Question 36

When executing a search warrant, officers may:

A) search only in locations specifically described in the warrant
B) conduct a thorough search of the entire building
C) thoroughly search the area described and any people who are present
D) thoroughly search the area described for evidence of all types of criminal activity

Question 37

Based on the Harmless Error Rule, a conviction will be reversed if the appellate judges are convinced:

A) there were any constitutional errors at trial
B) there is proof beyond a reasonable doubt that errors at trial were the fault of the prosecutor
C) there is proof beyond a reasonable doubt that the errors at trial were the fault of the defense
D) there is proof beyond a reasonable doubt that the errors at trial influenced the jury's verdict

Question 38

Facts used to support probable cause for a search warrant:

A) must not be over 48 hours old.
B) must be from tested informants.
C) must not be stale
D) all of these are required for a valid warrant.

Question 39

"Standing" refers to:

A) the right to ask a court to take legal action
B) being a person whose property has been seized by illegal police action
C) having the right to appeal a judge's decision
D) being the person charged with committing one or more crimes

Question 40

A "protective sweep" allows an officer to:

A) sweep a neighborhood for drug users when searching for drug dealers
B) conduct a roadblock to detect individuals driving under the influence of alcohol
C) search the  immediate area for people who may ambush the officers
D) obtain arrest warrants for all members of a violent street gang

Question 41

Describe the history of the Exclusionary Rule in the United States Supreme Court.

Question 42

Officer Allen obtained a search warrant for Dan's apartment after he arrested him for possession of stolen televisions. He obtained a key from the apartment building's manager. Officer Allen knew that Dan was in jail, so he let himself in with the key and did not knock. As soon as he was in the door he checked all the rooms to make sure no one would ambush him. While doing so, he found an illegal assault rifle in the back of a clothes closet in Dan's bedroom. He spent an hour searching the small apartment. He did not find any stolen televisions, but he did find counterfeit $20 bills in a wallet on top of Dan's dresser. Will the illegal assault rifle be admissible because it was found during a protective sweep?

A) Yes, Officer Allen automatically had the right to seize illegal weapons.
B) Yes, Officer Allen automatically had the right to search the immediate area for someone who might ambush him.
C) No, a protective sweep may be done for Officer Allen's safety, but he is not allowed to seize evidence when doing so.
D) No, there was no right to do a protective sweep because Officer Allen knew that Dan was in jail.

Question 43

Officer Allen conducted an investigation of Brian for purchasing stolen property which he resold at his jewelry store. Officer Allen, dressed in street clothes, went to Brian's store when it was open for business and spent an hour looking at items in the display cases. He did not ask Brian any questions and he did not buy anything. Officer Allen asked Judge Crawford for a search warrant for Brian's store. Judge Crawford signed a warrant that gave Officer Allen permission to check every item in the store for serial numbers and to run the serial numbers through the database that listed stolen property. If Brian's attorney successfully establishes that Judge Crawford did not fill out the warrant properly, which exception to the Exclusionary Rule is the prosecutor most likely to argue applies?

A) Good Faith Exception to the Exclusionary Rule
B) Public Safety Exception to the Exclusionary Rule
C) Inevitable Discovery Exception to the Exclusionary Rule
D) Independent Source Exception to the Exclusionary Rule

Question 44

Dan and Eric frequently sold stolen televisions to Brian. They entered Brian's store while Officer Allen was executing a search warrant that gave him permission to run the serial numbers on all items in Brian's store. Can Brian's attorney successful challenge the search warrant before trial?

A) Yes, the warrant should have restricted the search to the type of stolen items Brian was suspected of selling.
B) Yes, the warrant was not valid on its face because the judge's signature was not legible.
C) No, defense attorneys can challenge searches done without a warrant but not those a judge authorized in a search warrant.
D) No, the facts used to obtain the search warrant established probable cause.

Question 45

Officer Allen conducted an investigation of Brian for purchasing stolen property which he resold at his jewelry store. Officer Allen, dressed in street clothes, went to Brian's store when it was open for business and spent an hour looking at items in the display cases. He did not ask Brian any questions and he did not buy anything. Officer Allen asked Judge Crawford for a search warrant for Brian's store. Judge Crawford signed a warrant that gave Officer Allen permission to check every item in the store for serial numbers and to run the serial numbers through the database that listed stolen property. Did Officer Allen conduct a search when he went to the store and looked at items in the display case?

A) Yes, he was there searching for evidence that Brian sold stolen jewelry.
B) Yes, Brian's store was private property.
C) No, he did not invade Brian privacy by looking at items on display for the public to view.
D) No, he did not remove anything from the display case.

Question 46

Dan and Eric frequently sold stolen televisions to Brian. They entered Brian's store while Officer Allen was executing a search warrant that gave him permission to run the serial numbers on all items in Brian's store. Can Officer Allen search Dan and Eric for weapons?

A) Yes, search warrants include the right to search everyone present for weapons.
B) Yes, officers are allowed to conduct a search for their protection if they suspect people are armed.
C) No, officers may not conduct any type of search not specifically mentioned in the search warrant.
D) No, Dan and Eric may be detained but they cannot be searched.

Question 47

Officer Allen conducted an investigation of Brian for purchasing stolen property which he resold at his jewelry store. Officer Allen, dressed in street clothes, went to Brian's store when it was open for business and spent an hour looking at items in the display cases. He did not ask Brian any questions and he did not buy anything. Officer Allen asked Judge Crawford for a search warrant for Brian's store. Judge Crawford signed a warrant that gave Officer Allen permission to check every item in the store for serial numbers and to run the serial numbers through the database that listed stolen property. If Officer Allen gave Judge Crawford an affidavit, how should the judge evaluate it?

A) Judge Crawford can only consider information based on Officer Allen's personal observations.
B) Judge Crawford must determine if there is probable cause to believe each fact stated in the affidavit is true.
C) Judge Crawford should make a decision based on the totality of the circumstances described in the affidavit.
D) Judge Crawford is not allowed read the affidavit until after the warrant has been executed.

Question 48

State the Fourth Amendment and explain key concepts.

Question 49

List five exceptions to the Exclusionary Rule and explain why the Supreme Court created them.

Question 50

Officer Allen obtained a search warrant for Dan's apartment after he arrested him for possession of stolen televisions. He obtained a key from the apartment building's manager. Officer Allen knew that Dan was in jail, so he let himself in with the key and did not knock. As soon as he was in the door he checked all the rooms to make sure no one would ambush him. While doing so, he found an illegal assault rifle in the back of a clothes closet in Dan's bedroom. He spent an hour searching the small apartment. He did not find any stolen televisions, but he did find counterfeit $20 bills in a wallet on top of Dan's dresser. Will the fact that Officer Allen entered the apartment without knocking result in everything that was seized being excluded from evidence at trial?

A) Yes, absent an emergency, officers must comply with "Knock-and-Announce."
B) Yes, the fact that Officer Allen conducted a protective sweep proves that he believed someone was in the apartment.
C) No, Officer does not have to comply with "Knock-and-Announce" because he knew Dan was in jail.
D) No, Officer Allen's failure to comply with "Knock-and-Announce" does not result in suppression of evidence because he was executing a search warrant.

Question 51

Dan and Eric frequently sold stolen televisions to Brian. They entered Brian's store while Officer Allen was executing a search warrant that gave him permission to run the serial numbers on all items in Brian's store. If Officer Allen illegally searched the box that Dan was carrying and found evidence that incriminated Eric, can Eric successfully have the evidence suppressed?

A) Yes, the Exclusionary Rule applies to evidence obtained in violation of the Fourth Amendment.
B) Yes, the Fruit of the Poison Tree Doctrine applies to evidence seized from another person.
C) No, Eric does not have standing to object to the search because the box was in Dan's possession when it was seized by the officers.
D) No, Eric does not have standing to have the evidence suppressed because the prosecutor did not file charges against Dan and Eric as co-defendants.

Question 52

Officer Allen conducted an investigation of Brian for purchasing stolen property which he resold at his jewelry store. Officer Allen, dressed in street clothes, went to Brian's store when it was open for business and spent an hour looking at items in the display cases. He did not ask Brian any questions and he did not buy anything. Officer Allen asked Judge Crawford for a search warrant for Brian's store. Judge Crawford signed a warrant that gave Officer Allen permission to check every item in the store for serial numbers and to run the serial numbers through the database that listed stolen property. What documents should Officer Allen have given Judge Crawford in order to obtain a valid search warrant?

A) The police report
B) An affidavit
C) A Return
D) Officer Allan should have given Judge Crawford all of these items.

Question 53

Officer Allen obtained a search warrant for Dan's apartment after he arrested him for possession of stolen televisions. He obtained a key from the apartment building's manager. Officer Allen knew that Dan was in jail, so he let himself in with the key and did not knock. As soon as he was in the door he checked all the rooms to make sure no one would ambush him. While doing so, he found an illegal assault rifle in the back of a clothes closet in Dan's bedroom. He spent an hour searching the small apartment. He did not find any stolen televisions, but he did find counterfeit $20 bills in a wallet on top of Dan's dresser. Will the counterfeit $20 bills be admissible if Dan is charged in federal court with possession of counterfeit money?

A) Yes, the counterfeit bills were seized during the execution of a warrant.
B) Yes, counterfeiting is a federal crime.
C) No, evidence seized in violation of Dan's rights by a city police officer is not admissible in federal court.
D) No, only evidence legally seized by federal agents is admissible in federal court .

Question 54

Describe what should be done when officers execute a search warrant in a home.

Question 55

Describe the process for obtaining a search warrant.