Deck 3: Searches and Seizures

Question 1

An officer stops a car for speeding. After approaching the vehicle, he detects the distinct scent of marijuana. He notices a baggy that appears to contain marijuana on the dashboard. Can he seize the bag?

A)Yes, officers can always seize drugs.
B)Yes, the officer has probable cause to believe the bag contains contraband.
C)No, he does not have a right to be there.
D)No the bag could contain other substances, such as oregano.

Answer 1

B

Question 2

Prohibited substances, such as illegal narcotics, are known most commonly as _____.

A)instrumentalities of crime
B)fruits of crime
C)contraband
D)evidence

Answer 2

C

Question 3

According to the Fourth Amendment, what remedy exists should a person's Fourth Amendment rights be violated?

A)A civil lawsuit may be filed
B)Departmental disciplinary action against the officer
C)Exclusion of tainted evidence from trial
D)The amendment does not address this issue

Answer 3

D

Question 4

For an officer to seize an item via the plain view doctrine, it must be _____ that the object is evidence of criminality.

A)"immediately apparent"
B)"readily apparent"
C)"patently obvious"
D)"reasonably obvious"

Question 5

According to California v. Greenwood, can police officers look through garbage left on the curb for pickup?

A)Yes, if it is outside the curtilage, it has been abandoned.
B)Yes, any garbage has "clearly been discarded."
C)Yes, but only if it is not in a garbage bag.
D)No, it remains the unabandoned property of the owner.

Question 6

In which of the following situations does a person have a reasonable expectation of privacy?

A)Holding a conversation on a cell phone with a "false friend"
B)Holding a conversation with an actual friend in a public park
C)Holding a conversation with a "false friend" in a hotel room
D)Holding a conversation with an actual friend in a rented apartment

Question 7

Which of the following may a law enforcement officer enter without probable cause or a search warrant?

A)The shop area of a hardware store, with an "employees only" sign posted on the wall
B)An unoccupied dressing room at a department store
C)The manager's office of a small printing company
D)The manager's office of a large, publicly traded manufacturing company

Question 8

In old England, general warrants were used to search _____.

A)certain places regarding a certain crime
B)certain places and people regarding a certain crime
C)any place regarding a certain crime
D)any place for any reason at any time

Question 9

On what do judges rely when determining whether an item has been legally "abandoned"?

A)The extenuating circumstances test
B)The totality of the circumstances
C)Eyewitness testimony
D)The judgment of the officer involved

Question 10

Which of the following enhancement scenarios is unconstitutional?

A)Using a flashlight to look through the window of a parked car at night
B)Using night-vision goggles to view an unfenced curtilage at night
C)Using a telephoto lens to look through a window of a private home
D)Using thermal-imaging equipment to measure heat emanating from a living room

Question 11

Which of the following would not be considered a "house" as interpreted by the Fourth Amendment?

A)A rented apartment
B)A rented hotel room
C)A private office complex
D)A restaurant dining room

Question 12

Which of the following would constitute a violation of the expectation of privacy of the curtilage to a home as it applies to the Fourth Amendment?

A)Using a low-flying airplane and a pair of binoculars to view the curtilage
B)Peering between the slats of a wooden fence surrounding the curtilage
C)Looking down over a fence around the curtilage from a tall, adjacent, public building
D)Running a fiber-optic camera under a fence surrounding the curtilage

Question 13

An otherwise legal item taken during a theft, such as liquor from a liquor store (assuming the criminal is over 21), is known most commonly as _____.

A)instrumentalities of crime
B)fruits of crime
C)contraband
D)evidence

Question 14

Overturning the old standard, the U.S. Supreme Court adopted which new Fourth Amendment test in Katz v. United States?

A)Two-pronged "reasonableness test"
B)Expectation of privacy test
C)Physical trespass test
D)The average reasonable person (TARP) test

Question 15

What level of proof must be established to obtain a warrant?

A)Beyond a reasonable doubt
B)Probable cause
C)Preponderance of the evidence
D)Reasonable suspicion

Question 16

Which of the following is not a feature that distinguishes curtilage from open fields?

A)Access
B)Enclosure
C)Function
D)Protection

Question 17

The Fourth Amendment prohibits _____ searches without a warrant.

A)"all"
B)"unconstitutional"
C)"secret"
D)"unreasonable"

Question 18

To exercise the plain view doctrine and seize an item, an officer must have probable cause to believe that the plainly observed object is evidence of criminal activity and _____.

A)have a warrant
B)be lawfully positioned
C)be in the presence of the suspect
D)have permission to take the object

Question 19

In old England, writs of assistance were used to compel citizens to _____.

A)join the army
B)join the navy
C)assist in a search
D)testify in court

Question 20

The majority decision in Olmstead v. United States held the wiretapping constitutional because _____.

A)the officers had obtained a warrant
B)eavesdropping is not illegal
C)the officers did not physically intrude into the home
D)the officers had gotten permission from the home's co-inhabitant

Question 21

If a search or seizure is determined to be unlawful, which of the following is the most likely result?

A)Any evidence seized would be inadmissible as fruits of the illegal seizure.
B)All evidence is still admissible when used to establish guilt.
C)The evidence is shown to only the judge, not the jury.
D)The officer will be put on administrative leave.

Question 22

The Virginia Declaration of Rights (1776) was passed to prohibit general warrants.

Question 23

The "subjective" aspect of the Katz test holds that society recognizes the expectation of privacy to be reasonable.

Question 24

A voluntary contact between the police and a citizen is referred to as which of the following?

A)Arrest
B)Seizure
C)Encounter
D)Sweep

Question 25

Which of the following is not one of the types of seizure of a suspect?

A)Physical seizure
B)Perceived seizure
C)Show-of-authority seizure
D)All of the above are types of suspect seizures.

Question 26

On what do judges rely to determine whether a stop of a citizen constitutes a seizure?

A)The extenuating circumstances test
B)The totality of the circumstances
C)Eyewitness testimony
D)The judgment of the officer involved

Question 27

A "seizure" of a person is always the equivalent to an arrest.

Question 28

The level of the burden that must be satisfied to justify a stop depends on the _____.

A)experience level of the officer
B)level of interference with the individual's freedom
C)jurisdiction where the stop takes place
D)reason for which the individual has been stopped

Question 29

To seize an item via the plain view doctrine, an officer must be legally situated and have probable cause that the object is evidence of criminal activity.

Question 30

Police are allowed to use a low-flying airplane to view into the curtilage, but not if they are also using a telephoto lens or some other vision enhancer.

Question 31

Which of the following are the two conditions required to be present in order for the police to seize an item in plain view without a search warrant?

A)A crime must have been committed and the officer must have reason to believe the evidence will be found in a given location.
B)A crime must have been committed and there must be exigent circumstances.
C)The officer must be legally situated and he must have probable cause to believe the item is evidence of illegal activity.
D)The officer must have probable cause to believe the item is evidence of illegal activity and he must knock and announce his presence before obtaining entrance through force.

Question 32

"Effects" as defined by the Fourth Amendment includes items such as clothing and computers, but not automobiles.

Question 33

Which of the following types of land may the police enter without probable cause or a warrant?

A)Open fields and public property
B)Home
C)Curtilage
D)A break room in a clothing department store

Question 34

If a landowner posts "no trespassing" signs at the entrance to an open field, such as farmland, an officer must get a warrant to search the field.

Question 35

The Fourth Amendment holds that people shall be secure against unreasonable searches and seizures, meaning that searches and seizures must be carried out with the support of a warrant.

Question 36

The "objective" aspect of the Katz test holds that the individual person has exhibited a personal expectation of privacy.

Question 37

The U.S. Supreme Court has also recognized a "plain feel" and "plain smell" doctrines, similar to "plain view."

Question 38

The two-component test for a Fourth Amendment expectation of privacy is which of the following?

A)Subjective
B)Objective
C)Neither subjective nor objective
D)Both subjective and objective

Question 39

The U.S. Supreme Court has stated that when talking with a "false friend" who happens to be an undercover officer, a citizen has a reasonable expectation of privacy.

Question 40

Which of the following is not a court-recognized category of police-citizen interaction?

A)Arrest
B)Detention
C)Investigative stop
D)Encounter

Question 41

The Fourth Amendment protects citizens from _____ searches and seizures.

Question 42

A show-of-authority seizure occurs when an officer displays his/her weapon in order to detain an individual.

Question 43

Give and explain the current test established in Katz. How does this test differ from a previous test established in Olmsted? Why was this change in standards important?

Question 44

When does a Fourth Amendment seizure of a person occur?

Question 45

When does a police-citizen interaction not constitute a seizure?

Question 46

What level of expectation of privacy does an individual have for abandoned property?

Question 47

Explain why a warrant is not necessary to search through someone's trash.

Question 48

A physical seizure occurs when a law enforcement officer blocks the path of a suspect.

Question 49

When speaking with an individual, citizens _____ that the person may be a government informant or agent.

Question 50

What is the essential question when determining whether land is to be considered curtilage?

Question 51

Police officers may enter private businesses without probable cause or a warrant but only if the business is open to the public.

Question 52

Define the home, curtilage, and open fields as they apply to the Fourth Amendment and expectations of privacy. Why are the distinctions among these three important?

Question 53

For which kind of police-citizen interaction do officers not need justification?

Question 54

The U.S. Supreme Court has a variety of rules regarding the use of technology to aid law enforcement officers as they apply to the expectation of privacy and the Fourth Amendment. Explain the rules as they have been explained to you in Chapter 3 and explain why the Court has made these decisions.

Question 55

Explain the two general rules outlined by the Supreme Court in regard to police reliance on technology in criminal investigations.

Question 56

The exception to the Fourth Amendment in which an officer is able to seize contraband that he observes in a location where he has a right to be is known as the _____ doctrine.

Question 57

If a person abandons a locked suitcase, the suitcase itself can be examined, but not the items inside.