Deck 11: Search and Seizure of Vehicles and Containers

Question 1

In U.S. v. Ross, the Court emphasized that the scope of a warrantless search of an automobile is determined by _____.

A) the object of the search and the places in which there is probable cause it may be found
B) the physical characteristics of the automobile
C) the types of containers within the automobile
D) whether there are any containers within the car and whether or not they are locked or unlocked

Answer 1

A

Question 2

Following a traffic stop, an officer has probable cause to arrest an occupant of a motor vehicle, but does not have probable cause to believe that evidence of the crime will be found in the vehicle. The officer places handcuffs on the person and places the individual in the back seat of the police vehicle. Given this scenario, how may the officer legally proceed?

A) The officer may immediately search the arrestee and can have the vehicle towed and an inventory of the vehicle conducted.
B) The officer may immediately search the arrestee and the vehicle.
C) The officer may not conduct any search of the arrestee or the vehicle.
D) The officer can conduct a search of the arrestee, but can only search or inventory the vehicle after obtaining a warrant.

Answer 2

A

Question 3

Officers driving behind a car observe the driver weaving across the double yellow line and apparently drinking from a can of beer. The officers are about to stop the driver when he turns into his driveway and parks the car in his garage. Given this scenario, the officers _____.

A) are too late to take any action
B) are too late to make a Carroll search but may arrest the driver
C) need a warrant or consent to search the vehicle
D) may make a Carroll search of the vehicle and arrest the driver

Answer 3

D

Question 4

Police have corroborated information that a mobile home, the residence of Ernst, was being used as a distribution point for illicit drugs. The trailer was hooked to utilities and septic system in a mobile home lot and was elevated on blocks. The truck which towed the vehicle was parked nearby. If officers immediately knock and announce, enter, and conduct a warrantless search without consent, how are the courts most likely to view the search?

A) invalid because they do not have a warrant
B) valid because the mobile home was readily mobile
C) invalid because the officers did not have knowledge that the evidence would be destroyed if they delayed
D) valid because of exigency

Question 5

Courts have created exceptions to the warrant requirement for motor vehicles due to a vehicle's _____.

A) mobility and requirement for periodic inspections
B) mobility and lesser expectation of privacy
C) due to a vehicle's periodic inspections and lesser expectation of privacy
D) due to a vehicle's windows and greater expectation of privacy

Question 6

Officers legitimately stopped an auto and had probable cause to believe that it contained narcotics inside the passenger area. During the search of the car the officer found a closed paper bag and a zippered leather pouch. To lawfully search further, the officer _____.

A) needs to get a warrant
B) may immediately open the bag but not the pouch
C) may immediately open both the bag and the pouch
D) must arrest the occupants and only then search without a warrant

Question 7

In Chambers v. Maroney, the Court extended the Carroll doctrine to include _____.

A) impoundment before search
B) impoundment after the search
C) no impoundment unless there is a search
D) impoundment on separate probable cause from the search

Question 8

Select the true statement concerning search incident to arrest and the automobile exception.

A) Search incident to arrest, but not the automobile exception, allows a search of an automobile.
B) Both search incident to arrest and the automobile exception can be used to justify a search of a person.
C) The requirements needed to justify the search of a vehicle are different for the automobile exception compared to search incident arrest.
D) The search incident arrest and the automobile exception are essentially the same.

Question 9

Drug Enforcement Agency agents heard uncorroborated information that a Dodge mini-motor home that has been seen throughout town but is currently parked behind a shopping center, was being used by a person exchanging marijuana for sex. They watched Charles, who they know to live in a nearby apartment, accompanied by a juvenile, enter the motor home and then close the shades on all the windows. More than an hour later the juvenile left and the agents stopped and questioned him. The juvenile confirmed that he received marijuana for sex. Agents returned and knocked on the door. Charles came out. How are the courts most likely to view the search of the motor home by the agents at this time?

A) invalid without a warrant
B) invalid without the permission of Charles or a warrant
C) valid because of the consent of the youth
D) valid because the vehicle was mobile and not used as a residence

Question 10

Which of the following most appropriately describes the Carroll doctrine?

A) Officers with reasonable suspicion may search the entire motor vehicle if there are exigent circumstances.
B) The Carroll doctrine does not apply to motor homes.
C) Officers may search the interior of the passenger compartment but may not open the trunk.
D) Officers with probable cause may search to the same extent as if they had a search warrant.

Question 11

If an officer has probable cause to search a container after the container has been removed from a vehicle, then the Carroll doctrine _____.

A) applies
B) does not apply unless the container is in the process of being returned to the vehicle
C) does not apply
D) does not apply unless the vehicle is readily mobile

Question 12

Police observe a suspect carrying a brown paper package leave an apartment that is known to sell marijuana. The package is the same size as packages of marijuana they had seen earlier that day. The individual under observation places the bag in the trunk of his car and starts to drive away. Fearing the loss of evidence, officers stop him. To proceed within legal limits, officers who wish to search the car for marijuana _____.

A) may immediately search the whole car including all containers
B) may immediately open the trunk and search the package
C) may search the package only if they arrest the driver
D) cannot do so

Question 13

What factor determines whether a driver or passenger can challenge the police on a particular search of his/her vehicle under the automobile exception?

A) whether the police search violated a principle established by the Carroll or Gant cases
B) whether the police search violated a principle established by the Carroll case
C) whether the driver or passenger is the registered owner of the vehicle
D) whether the driver or passenger have a reasonable expectation of privacy in the vehicle

Question 14

If an officer has probable cause to believe that a movable vehicle contains illicit contraband somewhere within it, but is unsure of exactly where, what is the officer legally entitled to search?

A) the entire vehicle and any unlocked containers within it that are capable of holding the object of the search
B) the entire vehicle and any containers, locked or unlocked, that are capable of holding the object of the search
C) the passenger compartment and unlocked glove compartment only
D) the passenger compartment and trunk but no containers

Question 15

A person has a lesser expectation of privacy in a car than in a residence because _____.

A) the car is a personal effect rather than real property
B) a car travels public streets and its occupants are open to public view
C) a car is can serve as a residence and hold personal effects
D) a car can be an instrumentality of a crime

Question 16

When a vehicle has been impounded, police _____.

A) have unlimited discretion in inventorying the vehicle
B) may inventory according to standard criteria established by their agency
C) may not inventory the vehicle unless there are valuables within it
D) may inventory the vehicle for evidence of a crime

Question 17

Which individual would have standing to challenge a particular search by police that was conducted based on the automobile exception?

A) an unauthorized, unlicensed driver of a vehicle
B) a person not authorized to drive the car under the rental agreement or by the renter of the vehicle
C) a person authorized to drive a rental car under a rental contract that has expired
D) a passenger in the vehicle that is not the renter or owner

Question 18

If an officer has probable cause to believe that contraband is contained within a briefcase that is in the passenger compartment of an automobile, what is the officer legally entitled to search?

A) only the briefcase
B) the entire vehicle
C) the entire vehicle and any containers therein
D) the entire passenger compartment

Question 19

Which of the following is the least (if at all) important consideration in justifying the search of a vehicle under the Carroll doctrine?

A) the type of vehicle
B) that a vehicle seldom serves as a residence
C) that a vehicle is often taken into police custody for public interests
D) that the vehicle is registered and the driver is licensed by the state

Question 20

Police have information that armed robbers carrying the fruits of the crime fled a robbery scene in a light blue compact station wagon. Four men, wearing certain clothing, were said to be in the vehicle. The police stopped a vehicle fitting the description on the side of a busy highway and arrested the four occupants who matched the descriptions. The officers drove the car to the police station garage. Given this scenario, how may the officers legally proceed?

A) They must obtain a search warrant.
B) They must obtain permission of the driver.
C) They may search it immediately.
D) They must obtain either permission or a search warrant

Question 21

An inventory will be declared an unlawful search if the officer reveals that she suspected that she would find some contraband.

Question 22

Law enforcement officers with probable cause to search a motor vehicle may not inspect passengers' belongings found in the vehicle even though those belongings are capable of concealing the object of the search.

Question 23

If a car is readily mobile and probable cause exists to believe it contains contraband, the Fourth Amendment permits police to search the vehicle without additional justification.

Question 24

In determining whether a vehicle is readily mobile, courts look to whether _____.

A) the vehicle is inherently capable of movement
B) the vehicle is actually mobile at a particular moment in time
C) the vehicle was recently moved by the owner
D) he person controlling the vehicle has ready the tools needed to make the vehicle capable of movement

Question 25

For a vehicle inventory to be constitutional, _____.

A) there must be a written departmental policy
B) there must be an oral departmental policy
C) there must be a departmental policy
D) the officer must have probable cause

Question 26

Based on the California v. Acevedo decision, the scope of a warrantless search of an automobile is defined by the _____.

A) nature of the container in which the contraband is secreted
B) object of the search and the places in which there is probable cause to believe that it may be found
C) object of the search, but not by the places in which there is probable cause to believe that it may be found
D) places in which there is probable cause to believe that the object may be found, but not by the object of the search

Question 27

Owners or renters of a vehicle, and those riding with them, have standing under the Fourth Amendment to challenge a search of a vehicle they recently occupied.

Question 28

Select the true statement.

A) A person's expectation of privacy in an automobile is the same as a person's expectation of privacy in the contents of mobile luggage.
B) A person's expectation of privacy in an automobile is greater than a person's expectation of privacy in the contents of mobile luggage.
C) The mere fact that luggage is on wheels does not mean that a warrantless search of the luggage is justified under the principles of Carroll.
D) Before luggage can be searched, a warrant is needed in all situations regardless of exigency.

Question 29

During an inventory, an officer picks up a jacket from the seat of the vehicle. Underneath the jacket was a clear baggie containing drugs. The doctrine which allows the officer to seize the drug evidence is the plain view doctrine.

Question 30

To use the automobile exception as the basis for a warrantless search, _____.

A) the vehicle must be inherently capable of movement, the officer must have probable cause, and there must exist an additional exigent situation
B) the vehicle must be inherently capable of movement, but the officer does not need probable cause to search
C) the vehicle must be inherently capable of movement and there must exist an additional exigent situation
D) the vehicle must be inherently capable of movement and the officer must have probable cause

Question 31

Officers lawfully arrested the occupants of an auto and, after impounding it, began an inventory of the contents of the vehicle. One officer picked up a jacket on the front seat where an occupant had been sitting and noticed on the seat a burned cigarette which appeared to the officer to be marijuana. How are the courts most likely to view the officer's action?

A) a valid search under the Carroll doctrine.
B) an illegal warrantless search
C) justifiable as a plain view seizure during an inventory
D) valid because of exigency

Question 32

Law enforcement officers with probable cause to search a motor vehicle may inspect passengers' belongings found in the vehicle that are capable of concealing the object of the search.

Question 33

A warrantless examination of the exterior of a car deemed reasonable under the Fourth Amendment because _____.

A) there is no reasonable expectation of privacy in the readily visible areas
B) of the Carroll doctrine applies
C) most departments have written policies regarding impoundment
D) of the vehicle's mobility and the chance it can be removed

Question 34

Which of the following is not a reason for allowing an inventory of an impounded vehicle?

A) To protect the owner's property while it is in police custody
B) To protect the police from potential danger
C) To search for incriminating evidence
D) To protect the police against claims or disputes over lost, stolen, or vandalized property

Question 35

The scope of the automobile exception may include a police search of the trunk of an automobile recently occupied by the arrestee.

Question 36

An officer has arrested a driver on a busy city street for driving while intoxicated. To lawfully have the vehicle towed from the scene, the officer _____.

A) needs a warrant
B) must first determine if the driver wants it left at the scene
C) must first determine if there is some less intrusive alternative to impoundment
D) needs no other authority or justification than department policy

Question 37

For an inventory to be constitutional, the full search of the vehicle must be limited to areas of the vehicle that can contain evidence of the crime for which the suspect was arrested.

Question 38

A warrant is not required for an inventory that occurs in the field before a vehicle is impounded, but a warrant is required to justify an inventory that takes place after the vehicle is impounded.

Question 39

Which of the following is true about police inventory of a vehicle?

A) Police are not permitted to search for evidence of crime.
B) Police may not seize contraband or other items that they observe open to view.
C) Police need probable cause to inventory a vehicle.
D) Inventories are governed by principles that relate to search procedures permitted by the U.S. Supreme Court.

Question 40

When faced with the possibility of impounding a vehicle, the officer has a constitutional requirement to choose a less intrusive means if it is available.

Question 41

Detail the reasoning of the court regarding the search of a container found in a vehicle in the case of California v. Acevedo, 1991.

Question 42

Name at least three different scenarios that the courts have ruled that it is within the authority of the police to impound a vehicle.

Question 43

While the Carroll doctrine allows for a search of the vehicle, the doctrine does not generally permit a search of the __________ and/or the __________ of the vehicle occupant.

Question 44

Officers may seize contraband or other items subject to seizure that they observe open to view under the __________ doctrine.

Question 45

Explain the rationale and the scope of searches allowed under the Carroll doctrine regarding automobile exceptions to search warrants.

Question 46

As detailed in United States v. Ross, 1982, explain the differences between the search of an entire vehicle versus a particular area of a vehicle.

Question 47

For the automobile exception to be met regarding a search, two criteria must be met. First, the officer must believe that the automobile must contain illegal contraband, and secondly, the vehicle must be readily__________ such that it can be moved to __________.

Question 48

If an officer has probable cause to search only a particular container placed in a vehicle or a particular area of the vehicle, the officer may search that container or area without a warrant, but may not search the __________.

Question 49

Define what the courts meant in South Dakota v. Opperman by a "standard procedures" requirement for inventory searches.

Question 50

Not all drivers and passengers have an expectation of privacy in terms of the items contained in a vehicle. Under the Fourth Amendment these vehicle occupants would be said to lack __________ to challenge a particular vehicle search by police.

Question 51

Explain the evolution of the "exigent circumstance" requirement of the Carroll doctrine. Why was the requirement abandoned?

Question 52

If possible, warrantless searches under the __________ doctrine should be conducted immediately at the scene where the vehicle is stopped.

Question 53

A valid inventory search requires neither __________ nor a(n) __________.

Question 54

Define probable cause and how it relates to the exception regarding automobile searches.

Question 55

Using the Carroll doctrine, as interpreted by the courts, explain any delays in searching that might be acceptable.

Question 56

Assuming that a vehicle has been legally impounded, under what circumstances, if any, may the vehicle be searched for incriminating evidence without a warrant?

Question 57

Unless __________ circumstances exist, an inventory search of a vehicle must be conducted at the time of impoundment, not before impoundment.

Question 58

The controlling consideration in the warrantless search of a vehicle is __________ to believe that the vehicle contains items that are connected with criminal activity and thus are subject to seizure.

Question 59

What factors are necessary to justify an inventory search and what probable cause must be present for authorities to search the vehicle?

Question 60

A(n) __________ process of an automobile is not considered a search for Fourth Amendment purposes because its object is not to find incriminating evidence as part of a criminal investigation.