Deck 6: Warrantless Searches

Question 1

Fourth Amendment jurisprudence is primarily concentrated in which the following areas?

A) Warrant requirement
B) Probable cause requirement
C) Exclusionary rule
D) All of the above

Answer 1

All of the above

Question 2

Which kind of search may be conducted if circumstances are such that the interests of society outweigh the invasiveness of the action?

A) Anticipatory searches
B) Sneak and peak
C) Warrantless
D) None of the above

Answer 2

Warrantless

Question 3

In which of the following situation are warrants not required?

A) Plain view
B) Inventory
C) Stop and frisk
D) All of the above

Answer 3

All of the above

Question 4

In the United States, investigative inquiries take all but one of the following forms?

A) Terry stops
B) Encounter, which are involuntary
C) Arrests in which probable cause of criminal activity has been demonstrated
D) None of the above

Question 5

In which court case did the Court upheld the right of law enforcement authorities to conduct protective searches of individuals during investigative detentions?

A) Mapp v. Ohio
B) Terry v. Ohio
C) Brown v. Mississippi
D) U.S. v. Smith

Question 6

Which Court case held that protective searches are limited in scope to those areas, places, and objects, which may reasonably conceal items dangerous to the police?

A) Minnesota v. Dickerson
B) Terry v. Ohio
C) Arizona v. Hicks
D) Horton v. California

Question 7

Immediate apparency was decided in which of the following Court case?

A) Minnesota v. Dickerson
B) Terry v. Ohio
C) Arizona v. Hicks
D) Horton v. California

Question 8

Evidence, which is in plain view, may be admissible in court if the officer was in a lawful position, the discovery was inadvertent, and the evidentiary value of the item was immediately apparent. This is known as:

A) The Terry Doctrine
B) Plain View Doctrine
C) The Hick's Doctrine
D) The Sneak and Peek Doctrine

Question 9

The time period immediately prior to the seizure of the individual in question, and is conducted immediately prior to the formal arrest of same is known as?

A) Incident to arrest
B) Plain feel search
C) Inadvertent discovery
D) Immediate apparency

Question 10

Which area of searches incident to arrest, which has been consistently scrutinized by the Court, is that of?

A) Homes
B) Hotel rooms
C) Apartments
D) None of the above

Question 11

The authority of police personnel to undertake a warrantless roadside search of an automobile was first established in:

A) Carroll v. United States
B) Terry v. Ohio
C) Arizona v. Hicks
D) Horton v. California

Question 12

Searches, which are conducted by law enforcement personnel of an individual's personal belongings are known as?

A) Inventory
B) Home inspection
C) Check point
D) Locker inspection

Question 13

Which Court case held that "Consistent with the Fourth Amendment, it is reasonable for police to search the personal effects of a person under lawful arrest as part of the routine administrative procedure at a police station incident to booking and jailing the suspect? The justification for such searches does not rest on probable cause, and hence the absence of a warrant is immaterial to the reasonableness of the search"?

A) Florida v. Wells
B) United States v. Chadwick
C) Illinois v. Lafayette
D) Terry v. Ohio

Question 14

What type of search does not require probable cause, reasonable suspicion or an articulable justification?

A) Consent
B) Sneak and peak
C) No knock
D) None of the above

Question 15

What Amendment does not require that a lawfully seized defendant be advised that he is "free to go" before his consent to search will be recognized as voluntary?

A) First Amendment
B) Fourth Amendment
C) Fifth Amendment
D) Sixth Amendment

Question 16

Factors, which may lessen or negate the certainty of voluntariness of a consent search or confessions, include:

A) Low intelligence
B) Length of detention
C) Youth of the accused
D) All of the above

Question 17

Which Court case determined if police have the authority to request a search of personal luggage in the absence of reasonable suspicion or probable cause?

A) United States v. Drayton
B) Terry v. Ohio
C) Florida v. Wells
D) United States v. Chadwick

Question 18

When ownership of property is unclear, the Court has extended a limited authority to all but one of the following:

A) Roommates
B) Former inmates
C) Landlords
D) Friends

Question 19

Automobile inventories are only permissible if:

A) They follow a legal impoundment
B) They are of a routine nature
C) Not be intended to conceal an investigatory police motive outside the parameters of the inventory itself.
D) All of the above

Question 20

The Court has evaluated a variety of issues regarding the police use of checkpoints. The Court concluded all but one of the following:

A) The intrusion occasioned by a brief investigative stop to ascertain residence could not be equated to the search of a private residence.
B) Motorists could not choose to avoid suck checkpoints due to their permanency.
C) Officer discretion was not to be considered as supervisors controlled the location and administration of check points.
D) Individualized suspicion was not possible due to heavy traffic flow surrounding border areas.

Question 21

The Court has indicated that privacy, liberty, property, dignity, and security must be carefully considered in the application of the Fourth Amendment.

Question 22

In the United States, investigative inquiries take one of three forms: 1) encounters which are entirely voluntary; 2) arrests in which probable cause of criminal activity has been demonstrated; and, 3) investigative stops.

Question 23

The Court has ruled that compulsory disclosure of identification to law enforcement did violate the 4^th Amendment.

Question 24

In Terry v. Ohio, the Court upheld the right of law enforcement authorities to conduct protective searches of individuals during investigative detentions.

Question 25

In Minnesota v. Dickerson, for example, the Court held that protective searches are not limited in scope to those areas, places, and objects, which may reasonably conceal items dangerous to the police.

Question 26

Incident to arrest includes that time period immediately after to the seizure of the individual in question.

Question 27

One area of searches incident to arrest that has been consistently scrutinized by the Court is that of automobiles.

Question 28

Inventory searches by definition are those searches that are conducted by law enforcement personnel of an individual's personal belongings.

Question 29

Consent searches are the only one in which probable cause, reasonable suspicion, or an articulable justification is not required.

Question 30

Once given, consent searches are not limited to the duration of the original assent.

Question 31

Consent, which is validly obtained, negates the requirement of a warrant or probable cause.

Question 32

The Court has upheld the practice of roadblocks to verify licensing and registration, recognizing that such upholds a valid public safety interest.

Question 33

Within the parameters established by the Court in administrative or regulatory searches of private individuals, it is apparent that public school administrators and public employers may not conduct searches for disciplinary purposes without probable cause.

Question 34

Border searches, consent searches, container searches all require warrants.

Question 35

Third-party consent to search is limited to those areas for which a reasonable officer would conclude that such a party enjoyed common authority.

Question 36

_____________ Amendment jurisprudence is primarily concentrated in four areas.

Question 37

The Court upheld the right of law enforcement authorities to conduct ____________ searches of individuals during investigative detentions.

Question 38

The Court specifically ruled that evidence, which was in _________ view, might be admissible in court if the officer was in a lawful position, the discovery was inadvertent, and the evidentiary value of the item was immediately apparent.

Question 39

___________ to arrest, includes that time period immediately prior to the seizure of the individual in question, and is conducted immediately prior to the formal arrest of same.

Question 40

One area of searches incident to arrest, which has been consistently scrutinized by the Court, is that of __________.

Question 41

_________ searches by definition are those searches that are conducted by law enforcement personnel of an individual's personal belongings.

Question 42

Of all of the warrantless searches, which have been previously discussed, __________ searches are the only ones in which probable cause, reasonable suspicion, or an articulable justification is not required.

Question 43

Determination of voluntariness is accomplished through a careful consideration of the _____________ of circumstances.

Question 44

______________ inventories are conducted during routine booking procedures.

Question 45

The Court has upheld the practice of __________ to verify licensing and registration, recognizing that such upholds a valid public safety interest.

Question 46

Match up the concept to the description :

-Plain feel doctrine

A) A search of a criminal suspect and his/her immediate area prior to or following an arrest conducted for the purpose of securing officer safety, preventing the destruction of criminal evidence and/or discovering criminal contraband.
B) A provision housed within the Fourth Amendment, which limits the attainment of warrants to situations in which probable cause is established.
C) Legal authority that provides for the collection of items when such items are inadvertently discovered on an individual's person during legitimate police actions.
D) Legal authority for a law enforcement official to conduct a "pat-down" or search of a person's outer clothing or visual search of a vehicle for contraband.
E) Permission to search an area granted by a nonowner or an individual without a proprietary interest of said area.
F) A law enforcement search of a person or a place conducted in the absence of a warrant.
G) Searches limited in scope to those areas, places, and objects that reasonably may conceal items dangerous to the police.
H) Searches conducted in the absence of a warrant, which are predication on the permission of the homeowner or other competent party, but which are limited to the scope of said permission.
I) A provision found within the Fourth Amendment that mandates the attachment of a warrant by police prior to the execution of a search or an arrest.
J) Legal authority allowing collection of criminal evidence when the item in question is unobstructed, and the officer and evidentiary value of the item is immediately apparent.

Question 47

Match up the concept to the description :

-Plain view doctrine

A) A search of a criminal suspect and his/her immediate area prior to or following an arrest conducted for the purpose of securing officer safety, preventing the destruction of criminal evidence and/or discovering criminal contraband.
B) A provision housed within the Fourth Amendment, which limits the attainment of warrants to situations in which probable cause is established.
C) Legal authority that provides for the collection of items when such items are inadvertently discovered on an individual's person during legitimate police actions.
D) Legal authority for a law enforcement official to conduct a "pat-down" or search of a person's outer clothing or visual search of a vehicle for contraband.
E) Permission to search an area granted by a nonowner or an individual without a proprietary interest of said area.
F) A law enforcement search of a person or a place conducted in the absence of a warrant.
G) Searches limited in scope to those areas, places, and objects that reasonably may conceal items dangerous to the police.
H) Searches conducted in the absence of a warrant, which are predication on the permission of the homeowner or other competent party, but which are limited to the scope of said permission.
I) A provision found within the Fourth Amendment that mandates the attachment of a warrant by police prior to the execution of a search or an arrest.
J) Legal authority allowing collection of criminal evidence when the item in question is unobstructed, and the officer and evidentiary value of the item is immediately apparent.

Question 48

Match up the concept to the description :

-Probable cause requirement

A) A search of a criminal suspect and his/her immediate area prior to or following an arrest conducted for the purpose of securing officer safety, preventing the destruction of criminal evidence and/or discovering criminal contraband.
B) A provision housed within the Fourth Amendment, which limits the attainment of warrants to situations in which probable cause is established.
C) Legal authority that provides for the collection of items when such items are inadvertently discovered on an individual's person during legitimate police actions.
D) Legal authority for a law enforcement official to conduct a "pat-down" or search of a person's outer clothing or visual search of a vehicle for contraband.
E) Permission to search an area granted by a nonowner or an individual without a proprietary interest of said area.
F) A law enforcement search of a person or a place conducted in the absence of a warrant.
G) Searches limited in scope to those areas, places, and objects that reasonably may conceal items dangerous to the police.
H) Searches conducted in the absence of a warrant, which are predication on the permission of the homeowner or other competent party, but which are limited to the scope of said permission.
I) A provision found within the Fourth Amendment that mandates the attachment of a warrant by police prior to the execution of a search or an arrest.
J) Legal authority allowing collection of criminal evidence when the item in question is unobstructed, and the officer and evidentiary value of the item is immediately apparent.

Question 49

Match up the concept to the description :

-Protective searches

A) A search of a criminal suspect and his/her immediate area prior to or following an arrest conducted for the purpose of securing officer safety, preventing the destruction of criminal evidence and/or discovering criminal contraband.
B) A provision housed within the Fourth Amendment, which limits the attainment of warrants to situations in which probable cause is established.
C) Legal authority that provides for the collection of items when such items are inadvertently discovered on an individual's person during legitimate police actions.
D) Legal authority for a law enforcement official to conduct a "pat-down" or search of a person's outer clothing or visual search of a vehicle for contraband.
E) Permission to search an area granted by a nonowner or an individual without a proprietary interest of said area.
F) A law enforcement search of a person or a place conducted in the absence of a warrant.
G) Searches limited in scope to those areas, places, and objects that reasonably may conceal items dangerous to the police.
H) Searches conducted in the absence of a warrant, which are predication on the permission of the homeowner or other competent party, but which are limited to the scope of said permission.
I) A provision found within the Fourth Amendment that mandates the attachment of a warrant by police prior to the execution of a search or an arrest.
J) Legal authority allowing collection of criminal evidence when the item in question is unobstructed, and the officer and evidentiary value of the item is immediately apparent.

Question 50

Match up the concept to the description :

-Consent searches

A) A search of a criminal suspect and his/her immediate area prior to or following an arrest conducted for the purpose of securing officer safety, preventing the destruction of criminal evidence and/or discovering criminal contraband.
B) A provision housed within the Fourth Amendment, which limits the attainment of warrants to situations in which probable cause is established.
C) Legal authority that provides for the collection of items when such items are inadvertently discovered on an individual's person during legitimate police actions.
D) Legal authority for a law enforcement official to conduct a "pat-down" or search of a person's outer clothing or visual search of a vehicle for contraband.
E) Permission to search an area granted by a nonowner or an individual without a proprietary interest of said area.
F) A law enforcement search of a person or a place conducted in the absence of a warrant.
G) Searches limited in scope to those areas, places, and objects that reasonably may conceal items dangerous to the police.
H) Searches conducted in the absence of a warrant, which are predication on the permission of the homeowner or other competent party, but which are limited to the scope of said permission.
I) A provision found within the Fourth Amendment that mandates the attachment of a warrant by police prior to the execution of a search or an arrest.
J) Legal authority allowing collection of criminal evidence when the item in question is unobstructed, and the officer and evidentiary value of the item is immediately apparent.

Question 51

Match up the concept to the description :

-Terry stops

A) A search of a criminal suspect and his/her immediate area prior to or following an arrest conducted for the purpose of securing officer safety, preventing the destruction of criminal evidence and/or discovering criminal contraband.
B) A provision housed within the Fourth Amendment, which limits the attainment of warrants to situations in which probable cause is established.
C) Legal authority that provides for the collection of items when such items are inadvertently discovered on an individual's person during legitimate police actions.
D) Legal authority for a law enforcement official to conduct a "pat-down" or search of a person's outer clothing or visual search of a vehicle for contraband.
E) Permission to search an area granted by a nonowner or an individual without a proprietary interest of said area.
F) A law enforcement search of a person or a place conducted in the absence of a warrant.
G) Searches limited in scope to those areas, places, and objects that reasonably may conceal items dangerous to the police.
H) Searches conducted in the absence of a warrant, which are predication on the permission of the homeowner or other competent party, but which are limited to the scope of said permission.
I) A provision found within the Fourth Amendment that mandates the attachment of a warrant by police prior to the execution of a search or an arrest.
J) Legal authority allowing collection of criminal evidence when the item in question is unobstructed, and the officer and evidentiary value of the item is immediately apparent.

Question 52

Match up the concept to the description :

-Third-party consent

A) A search of a criminal suspect and his/her immediate area prior to or following an arrest conducted for the purpose of securing officer safety, preventing the destruction of criminal evidence and/or discovering criminal contraband.
B) A provision housed within the Fourth Amendment, which limits the attainment of warrants to situations in which probable cause is established.
C) Legal authority that provides for the collection of items when such items are inadvertently discovered on an individual's person during legitimate police actions.
D) Legal authority for a law enforcement official to conduct a "pat-down" or search of a person's outer clothing or visual search of a vehicle for contraband.
E) Permission to search an area granted by a nonowner or an individual without a proprietary interest of said area.
F) A law enforcement search of a person or a place conducted in the absence of a warrant.
G) Searches limited in scope to those areas, places, and objects that reasonably may conceal items dangerous to the police.
H) Searches conducted in the absence of a warrant, which are predication on the permission of the homeowner or other competent party, but which are limited to the scope of said permission.
I) A provision found within the Fourth Amendment that mandates the attachment of a warrant by police prior to the execution of a search or an arrest.
J) Legal authority allowing collection of criminal evidence when the item in question is unobstructed, and the officer and evidentiary value of the item is immediately apparent.

Question 53

Match up the concept to the description :

-Warrant requirement

A) A search of a criminal suspect and his/her immediate area prior to or following an arrest conducted for the purpose of securing officer safety, preventing the destruction of criminal evidence and/or discovering criminal contraband.
B) A provision housed within the Fourth Amendment, which limits the attainment of warrants to situations in which probable cause is established.
C) Legal authority that provides for the collection of items when such items are inadvertently discovered on an individual's person during legitimate police actions.
D) Legal authority for a law enforcement official to conduct a "pat-down" or search of a person's outer clothing or visual search of a vehicle for contraband.
E) Permission to search an area granted by a nonowner or an individual without a proprietary interest of said area.
F) A law enforcement search of a person or a place conducted in the absence of a warrant.
G) Searches limited in scope to those areas, places, and objects that reasonably may conceal items dangerous to the police.
H) Searches conducted in the absence of a warrant, which are predication on the permission of the homeowner or other competent party, but which are limited to the scope of said permission.
I) A provision found within the Fourth Amendment that mandates the attachment of a warrant by police prior to the execution of a search or an arrest.
J) Legal authority allowing collection of criminal evidence when the item in question is unobstructed, and the officer and evidentiary value of the item is immediately apparent.

Question 54

Match up the concept to the description :

-Warrantless searches

A) A search of a criminal suspect and his/her immediate area prior to or following an arrest conducted for the purpose of securing officer safety, preventing the destruction of criminal evidence and/or discovering criminal contraband.
B) A provision housed within the Fourth Amendment, which limits the attainment of warrants to situations in which probable cause is established.
C) Legal authority that provides for the collection of items when such items are inadvertently discovered on an individual's person during legitimate police actions.
D) Legal authority for a law enforcement official to conduct a "pat-down" or search of a person's outer clothing or visual search of a vehicle for contraband.
E) Permission to search an area granted by a nonowner or an individual without a proprietary interest of said area.
F) A law enforcement search of a person or a place conducted in the absence of a warrant.
G) Searches limited in scope to those areas, places, and objects that reasonably may conceal items dangerous to the police.
H) Searches conducted in the absence of a warrant, which are predication on the permission of the homeowner or other competent party, but which are limited to the scope of said permission.
I) A provision found within the Fourth Amendment that mandates the attachment of a warrant by police prior to the execution of a search or an arrest.
J) Legal authority allowing collection of criminal evidence when the item in question is unobstructed, and the officer and evidentiary value of the item is immediately apparent.

Question 55

Match up the concept to the description :

-Search incident to arrest

A) A search of a criminal suspect and his/her immediate area prior to or following an arrest conducted for the purpose of securing officer safety, preventing the destruction of criminal evidence and/or discovering criminal contraband.
B) A provision housed within the Fourth Amendment, which limits the attainment of warrants to situations in which probable cause is established.
C) Legal authority that provides for the collection of items when such items are inadvertently discovered on an individual's person during legitimate police actions.
D) Legal authority for a law enforcement official to conduct a "pat-down" or search of a person's outer clothing or visual search of a vehicle for contraband.
E) Permission to search an area granted by a nonowner or an individual without a proprietary interest of said area.
F) A law enforcement search of a person or a place conducted in the absence of a warrant.
G) Searches limited in scope to those areas, places, and objects that reasonably may conceal items dangerous to the police.
H) Searches conducted in the absence of a warrant, which are predication on the permission of the homeowner or other competent party, but which are limited to the scope of said permission.
I) A provision found within the Fourth Amendment that mandates the attachment of a warrant by police prior to the execution of a search or an arrest.
J) Legal authority allowing collection of criminal evidence when the item in question is unobstructed, and the officer and evidentiary value of the item is immediately apparent.

Question 56

Discuss the three forms of investigative inquiries and how they are individual from each other.

Question 57

Discuss the purpose and circumstances of inventory searches.

Question 58

Discuss the various tenets of consent.

Question 59

Write a mock case showing an example of a plain view search. Be sure to include what is the evidence or contraband and why it is considered a plain view search based on previous case rulings.

Question 60

The evolution of the administrative justice exception to the probable cause and warrant requirements originally articulated in the Fourth Amendment is necessary and ongoing. Border checkpoints serve numerous purposes and their legality has been challenged. Discuss what constitutes a legal border checkpoint, and how might checkpoints be beneficial given the recent terrorist activities.