Deck 6: Searches for Evidence

Question 1

What is the name of an emergency created by the need to pursue a fleeing suspect? ​

A)community danger
B)immediate danger
C)evidence destruction
D)hot pursuit

Answer 1

D

Question 2

According to SCOTUS's decision in Whren v. U.S, concerning the use of a pretext stop 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 the searches incident to them should be kept at a minimum.

Answer 2

C

Question 3

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 investigating the offender.

Answer 3

B

Question 4

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 to find items that police are searching for.
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 5

In U.S. v. Robinson (1973), the police had stopped the defendant for driving with a revoked driver's permit. SCOTUS'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 or her 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 following are all examples of emergency search situations, except: ​

A)police following a suspect they are chasing into a home.
B)searching a home with a suspected drug dealer inside.
C)police entering and searching a house after having received a call for help from someone in the house.
D)entering a house on fire to search for anyone potentially inside.

Question 7

In Wilson v. Arkansas , SCOTUS 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 that police knock and announce.

Question 8

Under the holding in Chimel v. California (1969), a leading SCOTUS 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 the arrestee's immediate control.
C)the arrestee's person and the room in which the arrestee is arrested.
D)the arrestee's person and the dwelling in which the arrestee is arrested.

Question 9

In Knowles v. Iowa , concerning an instance where a driver had been given a citation for speeding but had not been arrested, SCOTUS held that: ​

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

Question 10

Consent that takes place when one person in fact has the legal authority to consent to a search of the home and possessions of another person is called: ​

A)apparent authority consent.
B)official consent.
C)prospective consent.
D)actual authority consent.

Question 11

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 12

According to SCOTUS 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.
C)the Fourth Amendment does not protect searches incident to lawful arrests.
D)police must always have search warrants to search persons.

Question 13

The reasonableness of searches pursuant to search warrants depends on: ​

A)the existence of probable cause only.
B)the existence of probable cause and the extent of the search only.
C)the existence of probable cause, the extent of the search, and the particularity of the warrant only.
D)the existence of probable cause, the extent of the search, the particularity of the warrant, and the manner in which the police enter the place to be searched.

Question 14

The countervailing law enforcement interests against "no-knock" entry requirements identified by Justice Thomas in Wilson v. Arkansas include: ​

A)safety of officers and escape of the suspect. ​
B)safety of officers and safety of occupants.
C)safety of occupants and destruction of evidence.
D)safety of officers, escape of the suspect, and destruction of evidence.

Question 15

Which of the following is not an exception to the warrant requirement approved by SCOTUS? ​

A)a search based on an informant tip ​
B)a consent search ​
C)a container search
D)a vehicle search

Question 16

According to the SCOTUS holding in Arizona v. Gant (2009), police may search a vehicle incident to a recent occupant's arrest, only if the arrestee is within reaching distance of the passenger compartment at the time of the search, or if: ​

A)there is no second reason for a search. ​
B)the police have reason to believe that there is evidence in the car.
C)it is reasonable to believe that the vehicle contains evidence of the offense of arrest.
D)the police have reasonable suspicion that the car contains contraband or weapons.

Question 17

In California v. Acevedo (1991), SCOTUS ruled that officers with probable cause but without warrants can search containers inside vehicles: ​

A)never, as this is not permissible.
B)only with apparent authority consent.
C)only with actual authority consent.
D)if the container isn't an essential part of the vehicle.

Question 18

In order to conduct a consent search of a person, an officer must have: ​

A)probable cause to believe the suspect has items that could be seized on his or her person.
B)a valid warrant.
C)reasonable suspicion to make a stop.
D)voluntary consent to search.

Question 19

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 only for federal law enforcement.

Question 20

Which of the following is not needed to satisfy the Fourth Amendment's warrant requirement? ​

A)reasonable suspicion ​
B)the particularity requirement
C)a probable cause affidavit
D)the knock-and-announce rule

Question 21

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 apparent authority of third-party consent theory: ​

A)third-party consent cannot be used to enter a person's home, whether to make an arrest or to search.
B)the third party who is 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)a search completed pursuant to an officer's reasonable but mistaken belief that a third party had authority to consent violates the Fourth Amendment.

Question 22

In what landmark case did SCOTUS rule that a knock and talk violated the Fourth Amendment? ​

A)Johnson v. U.S. (1948)
B)Arizona v. Gant (2009)
C)Schneckloth v. Bustamonte (1973)
D)Illinois v. Rodriguez (1990)

Question 23

In Wyoming v. Houghton , concerning the search of a passenger's purse for drugs based on probable cause that drugs are in the vehicle, SCOTUS 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 hers.
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 24

Which of the following is true of most people who consent to searches by law enforcement? ​

A)They are older.
B)They are white.
C)They are middle class.
D)They are innocent.

Question 25

Which of the following would not justify an emergency search? ​

A)the belief of danger to community safety
B)an inconvenient location for waiting with a suspect for a warrant
C)the potential of a suspect destroying evidence
D)the belief of danger to officers

Question 26

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

Question 27

What is the name of the practice of officers going to a person's residence, with or without any objective basis, and knocking on the door so as to obtain plain views of home interiors, question the residents, or ask for consent to search? ​

A)particularity requirement
B)search incident to arrest
C)knock-and-announce rule
D)knock-and-talk technique

Question 28

The criminal procedure value of balancing privacy and community safety weighs heavily on which side of the balance? ​

A)the police side
B)the defendant side
C)the community side
D)the privacy side

Question 29

New York v. Belton (1981)extended the Chimel rule to: ​

A)searches of passengers in the context of an otherwise lawful arrest.
B)interior vehicle searches, if the individual arrested is outside the car.
C)dwelling searches incident to arrest, if the seizure occurs in the front yard.
D)any area that the arrestee could "see" from where they were at the time of the arrest.

Question 30

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 31

When police arrest a suspect based on probable cause, but then conduct a search without probable cause or a warrant, the search is called a: ​

A)consent search.
B)search incident to arrest.
C)stop-and-frisk search.
D)pretext search.

Question 32

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 33

In  Illinois v. Rodriquez (1990), SCOTUS applied what test to uphold a search of Edward Rodriquez's apartment? ​

A)the actual authority third-party consent test
B)the apparent authority third-party consent test
C)the voluntariness test
D)the waiver test

Question 34

If a suspect is arrested in a vehicle, police, as part of the search incident to the arrest, may search the vehicle's trunk.

Question 35

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 written opinions.

Question 36

According to the waiver test of consent: ​

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

Question 37

The "grabbable area" allows police to search: ​

A)only the area described in the affidavit as likely to contain evidence of a crime.
B)only the areas in "plain view" of the police officer at the moment of arrest.
C)only the area where the suspect may have been present within the previous 12 hours.
D)only the area within the suspect's immediate control or "arm's length."

Question 38

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

Question 39

The vehicle exception to the warrant requirement is based upon: ​

A)the inherent mobility of the vehicle, and the impracticality of impounding the vehicle and getting a warrant.
B)the inherent mobility of the vehicle, and the reduced expectation of privacy in vehicles.
C)the convenience of the police.
D)the reduced expectation of privacy in vehicles, and the convenience of the police.

Question 40

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

Question 41

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

Question 42

Most searches require warrants to be reasonable.

Question 43

The Fourth Amendment doesn't condemn all searches, only "unreasonable" searches.

Question 44

Emergency searches are based on the idea that it's sometimes _______________ to require officers to obtain warrants before they search.

Question 45

To comply with the Fourth Amendment, search warrants have to "_______________ describe the place to be searched."

Question 46

The three elements required to satisfy the Fourth Amendment's warrant requirement include the particularity requirement, an affidavit supporting probable cause, and the _______________-_______________-_______________ rule.

Question 47

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 48

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

Question 49

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

Question 50

One of the factors in determining the reasonableness of a search pursuant to a search warrant depends on the manner in which the police enter the place that the warrant authorizes them to search.

Question 51

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

Question 52

The _______________ test of consent to search is an objective test that focuses on the state of mind of the officer seeking consent.

Question 53

Voluntary and knowing searches require neither a warrant nor _______________ _______________.

Question 54

Searches without warrants are permissible if there is reasonable belief that the _______________ of evidence is imminent.

Question 55

In Arizona v. Gant (2009), SCOTUS _______________ a Fourth Amendment challenge to a car search incident to a traffic offense conducted after officers arrested, handcuffed, and placed the driver, Rodney Gant, in the police car.

Question 56

Searches of homes require warrants to be "reasonable."

Question 57

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 58

In _______________ arrests, officers can stop and arrest motorists for minor traffic offenses, not to enforce the traffic laws, but to search for evidence of more serious crimes that they don't have probable cause to arrest the motorists for.

Question 59

Persons consenting to a search can withdraw their consent at any time.

Question 60

Most searches take place pursuant to warrants.

Question 61

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

Question 62

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

Question 63

Explain how the "digital age" has impacted search warrants and criminal law enforcement. Provide practical examples of how these issues might impact criminal law enforcement.

Question 64

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

Question 65

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