Deck 4: Fourth Amendment Issues

Question 1

Most arrests are accomplished without a warrant; however, regarding searches, the general rule is that you must get a warrant unless you can't.

Answer 1

True

Question 2

When a search is conducted without a warrant, the trial court will presume that the search was authorized and legal.

Answer 2

False

Question 3

A search under exigent circumstances does not require probable cause.

Answer 3

False

Question 4

A search of a vehicle on a public highway may be accomplished without the need for probable cause.

Question 5

An arrested individual may be legally searched only if probable cause to search exists at the time of the arrest.

Question 6

If the police want to take a blood sample from an apparent intoxicated driver, they must either get her consent or a warrant.

Question 7

An unconsented intrusion into a person body by a person at the direction of law enforcement is a search.

Question 8

An intrusion into a person's body to take a sample of his blood pursuant to a warrant does not need to be under acceptable medical standards.

Question 9

As a rule, the police enter a private residence to make a warrantless arrest of a child sex offender.

Question 10

The police may legally conduct a warrantless search with probable cause of the vehicle that is parked in a parking lot of a mall.

Question 11

Joe is living in his motor home which is currently parked in a Wal-Mart parking lot. The police may legally search his motor home without a warrant.

Question 12

Frank is arrested pursuant to an outstanding arrest warrant for income tax evasion. At the time of the arrest, the police may search him without probable cause.

Question 13

Margret leaves her lunch bag on a public bench and returns to work. The officer who watched her leave the bag may legally examine it.

Question 14

During a Terry type stop, the officer may routinely pat down the detained individual.

Question 15

Students may not be legally searched by a school principal unless the principal has probable cause to justify the search.

Question 16

Exigent circumstances to justify a warrantless search do not include:

A) Where it would be impractical for the police to obtain a search warrant.
B) Where an emergency justifies the warrantless search.
C) A situation where the police discover that a murderer is living in a private home.
D) All the above are considered by the courts to be sufficient exigent circumstances.

Question 17

Which of the below situations would be considered as a search under the Fourth Amendment?

A) The examining the contents of garbage can that is on a street curb for pickup.
B) Police officer looking into the truck bed of a pickup parked in a store parking lot.
C) Opening the trunk of a car that was stopped for speeding without the owner's consent.
D) Investigating the crops being grown in the fields of a local farmer.

Question 18

Which of the below statements is NOT correct?

A) Searches conducted by means of consent are valid so long as the consent is voluntary.
B) A person must be warned prior to the consent that she does not have to consent to the search.
C) Whether an individual's consent to a warrantless search was given voluntarily is a question of fact that must be decided considering the totality of the circumstances.
D) An individual who does not understand English did not give effective consent when he was asked in English for permission to search.

Question 19

Which of the below statements regarding the open field's doctrine of Hester v. United States is NOT correct.

A) The doctrine was overruled by Oliver v. United States.
B) The open fields doctrine may apply to a city park.
C) Open fields are not "effects" within the meaning of the Fourth Amendment.
D) The Fourth Amendment does not protect the merely subjective expectation of privacy.

Question 20

The Supreme Court case that discussed the right to search students was

A) Oliver v. United States
B) New Jersey v. T. L. O.
C) California v. Greenwood
D) California v. Ciraolo

Question 21

The Supreme Court case that discussed the search of garbage cans was

A) Katz v. United States
B) New Jersey v. T. L. O.
C) California v. Greenwood
D) California v. Ciraolo

Question 22

In which of the below situations will a police officer have the right to make a warrantless arrest of an individual?

A) Police officer observes the individual commit a minor traffic offense.
B) Police officer sees an individual steal a newspaper from a newspaper rack.
C) Police officer is informed by telephone from the local police that the individual is wanted for a felony.
D) Police officer has probable cause to believe that the individual has committed a felony.
E) A legal warrantless arrest may be made in all the above situations.

Question 23

Which of the below statements is NOT correct regarding a Terry stop?

A) Officer needs reasonable suspicion to stop an individual under Terry.
B) If there is sufficient justification to stop an individual, the officer may routinely pat the individual down for weapons.
C) The Fourth Amendment applies to "stop and frisk" procedures.
D) Whenever a police officer accosts an individual and restrains his freedom to walk away, he has "seized" that person within the meaning of the Fourth Amendment.

Question 24

Which of the below statements is NOT correct regarding traffic stops?

A) The legality of a traffic stop is to be examined under the two-prong test announced in Terry v. Ohio.
B) Reasonable suspicion is based on the totality of circumstances.
C) An officer may detain the driver and vehicle if the officer develops reasonable suspicion that the driver is engaged in criminal activity.
D) An investigative detention may be not expanded beyond its original purpose.

Question 25

Which of the below statements is NOT correct regarding the scope of a search?

A) As a rule, during a search pursuant to a warrant, executing officers are permitted to open any containers in which objects named by the warrant "may reasonably be found."
B) If the police stop a vehicle because they suspect the driver is an illegal immigrant, the police may search a briefcase located in the trunk of the car without arresting the driver.
C) If the warrant authorized the officers to search an entire residence for evidence including documents, keys, drugs, and drug paraphernalia, the officers would probably be authorized to search the entire contents of the house.
D) If the officers know or should know that there are separate dwellings contained in the property to be searched, the officers are obligated to either limit the search to those areas clearly covered by the warrant or to discontinue entirely his or her search.

Question 26

Explain the rationale that the courts use to allow the searches of vehicles without warrants.

Question 27

What is the two-prong analysis involved in Terry stops?

Question 28

Under what circumstances may the police enter a private residence without a warrant?

Question 29

What constitutes exigent circumstances?

Question 30

Why are open fields not protected by the Fourth Amendment?