Deck 13: Plain View, Consent, Vehicle, and Administrative Searches

Question 1

Officers are allowed to search vehicles only if there is a reason to believe the vehicle has been involved in a crime.

Answer 1

False

Question 2

Police departments are allowed to set up roadblocks to check cars for illegal drugs.

Answer 2

False

Question 3

Police may thoroughly search the passenger compartment of a vehicle immediately after the arrest of the driver if they have a reason to believe there is evidence in the car related to the crime for which they just arrested the driver.

Answer 3

True

Question 4

Consent given by a person with apparent authority over the area to be searched is valid.

Question 5

A search of the car is never allowed when an officer stops someone based on reasonable suspicion.

Question 6

Under the Plain View Doctrine, officers may examine items to find serial numbers so they can check to see if they are stolen.

Question 7

Recreational vehicles are not covered by the rule that allows officers to search vehicles without obtaining search warrants.

Question 8

Once trash is placed at the curb for the garbage truck, officers may search it without a warrant.

Question 9

If a car is legally impounded, the police may inventory its contents.

Question 10

Police officers must advise suspects of their right to refuse to give consent.

Question 11

If police are conducting a warrantless search of a vehicle based on probable cause the driver is dealing drugs, the police can search the purse of a passenger in the car.

Question 12

Police officers do not have to obtain a search warrant for a car if they have probable cause it contains contraband.

Question 13

States may establish rules allowing police officers to search junkyards for stolen vehicles without an administrative warrant.

Question 14

Items a person throws away while trying to escape from the police may be seized as abandoned property.

Question 15

Police may conduct a thorough search of the entire car during the search incident to the arrest of the driver of a car.

Question 16

The Open Field Doctrine applies only if the officers are legally at the location where the observation is made.

Question 17

Building inspectors do not need to obtain warrants in order to inspect buildings and make sure that relevant codes are being complied with.

Question 18

If an officer fails to comply with "knock and announce" when entering a house to serve a search warrant, the Plain View Doctrine will not apply to anything observed inside.

Question 19

The Plain View Doctrine only applies if officers are legally at the location where the observation is made.

Question 20

The person who gives consent for a search can revoke the consent at any time.

Question 21

The rationale the Supreme Court has used when deciding cases involving vehicle searches is:

A) vehicles were not protected at the time the Fourth Amendment was adopted.
B) vehicles that people sleep in, such as RV's, have privacy protection but other vehicles do not.
C) vehicles have lower level of privacy due to the fact that it is easy to see into them on the streets.
D) vehicles have lower level of privacy because they are personal property rather than real estate.

Question 22

Police officers can rely on consent given by:

A) The owner of the building
B) Anyone with a key to the premises
C) Anyone with apparent authority over the area
D) All of these people could give valid consent for a search

Question 23

Police may search a car when it is stopped because there is reasonable suspicion the occupants are engaged in criminal activity:

A) Automatically
B) If there is reasonable suspicion there are weapons in the vehicle
C) Only if there is probable cause there are weapons in the vehicle
D) There is no right to search car when stop is based on reasonable suspicion

Question 24

In order to establish probable cause for an administrative warrant, there must be:

A) Probable cause for the search
B) Reasonable suspicion for the search
C) Reasonable legislative purpose to authorize the search
D) Refusal to allow inspectors to enter establishes probable cause

Question 25

The Plain View Doctrine differs from the Open Fields Doctrine in that:

A) The Plain View Doctrine requires the item be found inadvertently but the Open Fields Doctrine allows items to be used in court even though the officers anticipated finding them.
B) The Plain View Doctrine requires the officers be legally at the location where the observation was made but the Open Fields Doctrine applies even if officers were trespassing.
C) The Plain View Doctrine only applies when executing warrants but the Open Fields Doctrine applies to all police activity.
D) The Plain View Doctrine is still used by the Supreme Court but the Open Fields Doctrine is no longer used.

Question 26

The Supreme Court has approved administrative warrants to be used for searches for:

A) violation of the building code
B) violations of sanitation codes
C) search for undocumented workers in factories
D) all of these have been approved

Question 27

Police may seize trash in opaque bags that have been left at the curb for the garbage collector.

A) No warrant required because there is no objective expectation of privacy
B) No warrant required because there is no subjective expectation of privacy
C) Warrant required only if a governmental agency operates the garbage collection service
D) Warrant required if the seizure is a part of a criminal investigation

Question 28

In which of the following situations would the Plain View Doctrine apply?

A) Execution of search warrant
B) Probable cause search of vehicle
C) Aerial surveillance from police helicopter
D) All of these fall under the Plain View Doctrine

Question 29

When conducting aerial surveillance under the Plain View Doctrine, a helicopter may fly:

A) anywhere the FAA (Federal Aviation Administration) allows helicopters to fly
B) only in areas where the police routinely use helicopter patrols
C) only where the police have reasonable suspicion that criminal activity is occurring
D) only where the police have probable cause a crime is being committed

Question 30

When officers arrest someone who is in a car, the officers are allowed to search:

A) under the hood (engine compartment)
B) passenger compartment
C) trunk of car
D) all of these can legally be searched

Question 31

The seizure of abandoned property is not a violation of the Fourth Amendment because:

A) the seizure does not violate an objective expectation of privacy.
B) the seizure does not violate a subjective expectation of privacy.
C) the seizure does not violate an objective or a subjective expectation of privacy.
D) the abandoned property does not have any monetary worth.

Question 32

A warrantless search of a vehicle based on probable cause:

A) is only permitted if there is an emergency that makes it impossible to obtain a search warrant before the car leaves the jurisdiction.
B) must be done at the scene immediately after the vehicle is detained.
C) can be done after the car is impounded.
D) is not allowed without a search warrant.

Question 33

Whether or not police obtained valid consent for a search is evaluated based on:

A) The person giving consent understood his/her constitutional rights at the time  consent was given
B) The person voluntarily gave consent based on all the facts present at the time consent was obtained
C) The police adequately advised the person about the Fourth Amendment right to refuse to give consent prior to asking for permission to search
D) All of these must be established in order to have valid consent

Question 34

Probable cause is not needed to conduct searches of probationers:

A) if consenting to a search is a condition of their probation.
B) as long as they remain on probation.
C) only if the search is by a probation officer.
D) probationers have the same rights as other people.

Question 35

If an officer has probable cause evidence is inside a car, the officer may conduct:

A) a thorough search of entire car
B) a thorough search of passenger compartment
C) a thorough search limited to area where the probable cause indicates the evidence will be found
D) car can be impounded but no search can be conducted until a warrant has been obtained

Question 36

The Supreme Court has approved the use of roadblocks for:

A) checking for people driving under the influence
B) checking for illegal drugs
C) checking for outstanding arrest warrants
D) all of these have been approved

Question 37

If two people have equal right of privacy in a location, consent to search is valid:

A) only if both people are present and voluntarily consent to the search.
B) if either person is present and consents to the search.
C) if one person consents and the other person does not object to the search.
D) only if consent is obtained while neither person is under arrest.

Question 38

Based on the Plain View Doctrine, if an officer is legally at the location, what level of certainty does an officer need to legally seize an item?

A) suspicion
B) reasonable suspicion
C) probable cause
D) clear and convincing

Question 39

Once a police officer obtains valid consent to search a room:

A) The  duration of the search is determined by the officer
B) The person who gave the consent can withdraw the consent at any time
C) The consent is valid until either the search is complete or the person giving the consent is arrested
D) The duration of the search must be established before the search begins

Question 40

The police have a right to inventory cars:

A) whenever they legally impound a vehicle.
B) only if the vehicle is impounded because it contains evidence of a crime.
C) only if the vehicle is impounded for reasons unrelated to criminal behavior.
D) only if the vehicle was abandoned in a public place.

Question 41

Explain the Plain View Doctrine and distinguish it from the Open Fields Doctrine.

Question 42

Officer Robinson was dispatched to the scene of a traffic accident. She discovered damaged auto parts spread over a large area. A blue car appeared to have swerved to miss an oncoming vehicle and ended up about 50 feet off the street in a pasture. Officer Robinson walked past a "No Trespassing" sign in order to reach the blue car. As she approached the car, she noticed a large number of immature marijuana plants growing at the edge of the pasture. When she reached the car, she determined that it was inoperable and called for a tow truck.Officer Robinson decided to conduct an inventory of the vehicle while waiting for the tow truck to arrive. She found bloody clothing on the back seat. She forced open the trunk and found the dead body of a man who had been kidnapped the day before. Will the bloody clothes be admissible as part of an inventory done when Officer Robinson impounded the car?

A) Yes, Officer Robinson had the right to conduct an inventory because the vehicle was going to be legally towed away.
B) Yes, Officer Robinson had the right to conduct an inventory because the car was involved in a traffic accident.
C) No, Officer Robinson did not have probable cause to conduct an inventory.
D) No, Officer Robinson did not have a warrant authorizing the inventory.

Question 43

Explain the search and seizure rules which apply to abandoned property.

Question 44

Zach was stopped around 11:00 p.m. on Saturday night at a roadblock the police had established on a city street to check for drivers who were under the influence of alcohol. As Officer Williams approached Zach's car she used her flashlight to look into the car and observed what appeared to be a machinegun on the back seat. She ordered Zach out of the car and arrested him. Officer Williams placed Zach in the backseat of her patrol car. She then searched Zach's car and found a bag of counterfeit $20 bills under the driver's seat and a box containing ten stolen iPods in the trunk. Is the machine gun admissible under the Plain View Doctrine?

A) Yes, the police are allowed to seize any illegal guns they observe in order to protect the public.
B) Yes, an officer who has legally stopped a car has the right to shine a flashlight into the car.
C) No, only evidence of intoxication is admissible when a roadblock is established to detect drivers who are under the influence of alcohol.
D) No, officers are not allowed to use flashlights to help them observe evidence under the Plain View Doctrine.

Question 45

Victor owned a restaurant that the police thought was involved in money laundering. Officer Thompson went to the restaurant one evening when he knew Victor was not there. He ordered dinner. When Sam, a waiter, came with his food, Officer Thompson asked for permission to inspect the kitchen. Sam, who is not fluent in English, did not understand what Officer Thompson said, but nodded yes when he saw the tip that Officer Thompson had placed on the table. While still in the dining room, Officer Thompson looked through a window in the kitchen door and saw white powder and scales on a counter. Did Sam give valid consent for Officer Thompson to go into the kitchen?

A) Yes, Officer Thompson has apparent authority to search because Sam nodded agreement.
B) Yes, Officer Thompson asked for consent without using coercion.
C) No, Officer Thompson must advise Sam of his Fourth Amendment rights before he can obtain consent.
D) No, Sam does not have apparent authority to give consent to a search of the kitchen.

Question 46

Explain the rules on obtaining administrative warrants. Distinguish this process from the one used to obtain the search warrant specifically mentioned in the Fourth Amendment.

Question 47

Explain the rules for consent searches.

Question 48

Victor owned a restaurant that the police thought was involved in money laundering. Officer Thompson went to the restaurant one evening when he knew Victor was not there. He ordered dinner. When Sam, a waiter, came with his food, Officer Thompson asked for permission to inspect the kitchen. Sam, who is not fluent in English, did not understand what Officer Thompson said, but nodded yes when he saw the tip that Officer Thompson had placed on the table. While still in the dining room, Officer Thompson looked through a window in the kitchen door and saw white powder and scales on a counter. Did Officer Thompson need an administrative warrant to go into the kitchen?

A) Yes, an administrative warrant is required to do an inspection of a restaurant.
B) Yes, an administrative warrant is required because there was no probable cause for a search.
C) No, police officers cannot use administrative warrants when investigating crimes.
D) No, administrative warrants are only used when doing inspections for violations of federal statutes.

Question 49

Officer Robinson was dispatched to the scene of a traffic accident. She discovered damaged auto parts spread over a large area. A blue car appeared to have swerved to miss an oncoming vehicle and ended up about 50 feet off the street in a pasture. Officer Robinson walked past a "No Trespassing" sign in order to reach the blue car. As she approached the car, she noticed a large number of immature marijuana plants growing at the edge of the pasture. When she reached the car, she determined that it was inoperable and called for a tow truck.Officer Robinson decided to conduct an inventory of the vehicle while waiting for the tow truck to arrive. She found bloody clothing on the back seat. She forced open the trunk and found the dead body of a man who had been kidnapped the day before. Will the dead body be admissible because it was discovered during a probable cause search of the car?

A) Yes, the fact the car was involved in an accident established probable cause to search the entire vehicle.
B) Yes, the bloody clothing established probable cause there was more evidence in the trunk.
C) No, when an officer has probable cause that a car has been involved in criminal activity the car may be impounded but a warrant must be obtained before it can be searched.
D) No, there was no probable cause that the kidnap victim was in the trunk of the car before Officer Robinson began the search.

Question 50

Zach was stopped around 11:00 p.m. on Saturday night at a roadblock the police had established on a city street to check for drivers who were under the influence of alcohol. As Officer Williams approached Zach's car she used her flashlight to look into the car and observed what appeared to be a machinegun on the back seat. She ordered Zach out of the car and arrested him. Officer Williams placed Zach in the backseat of her patrol car. She then searched Zach's car and found a bag of counterfeit $20 bills under the driver's seat and a box containing ten stolen iPods in the trunk. Will the stolen iPods found in the trunk be admissible as part of a search incident to arrest?

A) Yes, an officer is allowed to search the entire car whenever the driver is arrested.
B) Yes, an officer is allowed to search the entire car when a person in the car is arrested on weapons charges.
C) No, the officer is not allowed to search the car if the person was removed from the car prior to the search.
D) No, the trunk is never part of a search incident to an arrest of a person in a car.

Question 51

Officer Robinson was dispatched to the scene of a traffic accident. She discovered damaged auto parts spread over a large area. A blue car appeared to have swerved to miss an oncoming vehicle and ended up about 50 feet off the street in a pasture. Officer Robinson walked past a "No Trespassing" sign in order to reach the blue car. As she approached the car, she noticed a large number of immature marijuana plants growing at the edge of the pasture. When she reached the car, she determined that it was inoperable and called for a tow truck.Officer Robinson decided to conduct an inventory of the vehicle while waiting for the tow truck to arrive. She found bloody clothing on the back seat. She forced open the trunk and found the dead body of a man who had been kidnapped the day before. Will that marijuana plants be admissible under the Open Fields Doctrine?

A) Yes, items found while trespassing are admissible under the Open Fields Doctrine if they are not near a residence.
B) Yes, the Open Fields Doctrine applies to all observations officers make in rural areas.
C) No, Officer Robinson was trespassing when she observed the marijuana.
D) No, the Open Fields Doctrine only applies to observations made from aircraft.

Question 52

Zach was stopped around 11:00 p.m. on Saturday night at a roadblock the police had established on a city street to check for drivers who were under the influence of alcohol. As Officer Williams approached Zach's car she used her flashlight to look into the car and observed what appeared to be a machinegun on the back seat. She ordered Zach out of the car and arrested him. Officer Williams placed Zach in the backseat of her patrol car. She then searched Zach's car and found a bag of counterfeit $20 bills under the driver's seat and a box containing ten stolen iPods in the trunk. Was it legal to stop Zach at the roadblock:

A) Yes, the police are allowed to use roadblocks to protect the public from drivers who are under the influence of alcohol.
B) Yes, the police are allowed to use roadblocks to prevent criminal activity.
C) No, the police must obtain a court order prior to establishing roadblocks.
D) No, the police are only allowed to stop motorists if there are specific articulable facts that the vehicle code is being violated.

Question 53

Victor owned a restaurant that the police thought was involved in money laundering. Officer Thompson went to the restaurant one evening when he knew Victor was not there. He ordered dinner. When Sam, a waiter, came with his food, Officer Thompson asked for permission to inspect the kitchen. Sam, who is not fluent in English, did not understand what Officer Thompson said, but nodded yes when he saw the tip that Officer Thompson had placed on the table. While still in the dining room, Officer Thompson looked through a window in the kitchen door and saw white powder and scales on a counter. Will the white powder and scales be admissible under the Plain View Doctrine?

A) Yes, Officer Thompson was legally in the restaurant.
B) Yes, Officer Thompson inadvertently observed them.
C) No, Officer Thompson did not have probable cause to seize them because the white powder and scales are commonly used in restaurant kitchens.
D) No, Officer Thompson entered the restaurant without a search warrant.

Question 54

List three types of vehicle searches and distinguish these searches from similar situations not involving vehicles.

Question 55

Zach was stopped around 11:00 p.m. on Saturday night at a roadblock the police had established on a city street to check for drivers who were under the influence of alcohol. As Officer Williams approached Zach's car she used her flashlight to look into the car and observed what appeared to be a machinegun on the back seat. She ordered Zach out of the car and arrested him. Officer Williams placed Zach in the backseat of her patrol car. She then searched Zach's car and found a bag of counterfeit $20 bills under the driver's seat and a box containing ten stolen iPods in the trunk. Will the counterfeit $20 found under the driver's seat be admissible as part of a search incident to arrest?

A) Yes, an officer is allowed to search the passenger compartment whenever the driver of the car is arrested.
B) Yes, the $20 bills were counterfeit and illegal to possess under all circumstances.
C) No, Zach could not have reached into the car at the time Officer Williams searched it and they were unrelated to the weapons charge.
D) No, the $20 bills were not evidence that Zach was driving under the influence of alcohol.