Deck 6: Searches and Seizures of Property

Question 1

Which of the following is not one of the standard justifications for allowing a warrantless search incident to arrest?

A)Maintain the safety of the officer
B)Maintain the safety of the suspect
C)Prevent the suspect from fleeing
D)Prevent the concealment of evidence

Answer 1

B

Question 2

Voluntariness, as required for consent, is determined using which test?

A)The consent test
B)The objective person rule
C)Totality of the circumstances
D)Probable cause

Answer 2

C

Question 3

Which of the following is not a standard detail given in a warrant application to fulfill the particularity requirement?

A)The specific address to be searched
B)Specific locations at an address (e.g., bedroom, garage)
C)The item to be searched for and/or seized
D)The method of searching to be used

Answer 3

D

Question 4

The U.S. Supreme Court has held what in regard to the search of a suspect's crotch area?

A)Consent to search a person includes any area of the body
B)Consent to search a person includes any outer area, but not the body cavities
C)Special permission must be obtained to search an individual's crotch area
D)Officers must obtain specific permission from the individual to search any body part

Question 5

Which of the following is not one of the explanations frequently cited as justification for the knock-and-announce rule?

A)Minimization of neighborhood fear of police
B)Prevention of violence against the officers
C)Protection of privacy for the occupants
D)Prevention of destruction of property

Question 6

What level of proof is needed to establish that a suspect consented to a voluntary search?

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

Question 7

Which of the following searches incident to arrest is most likely to be ruled unconstitutional?

A)An officer arrests the suspect in his bedroom and searches under his bed.
B)An officer arrests the suspect in a diner and searches the pockets of his coat on the seat next to him.
C)An officer arrests a suspect who was driving his car and searches a backpack in the back seat.
D)An officer arrests a suspect who was driving his car and searches the trunk of the car.

Question 8

Which of the following is not one of the three situations listed in Wilson v. Arkansas when the police need not knock and announce?

A)There exists a threat of physical violence.
B)A prison has escaped and fled into the home.
C)It is reasonably expected the suspect will attempt to flee .
D)It is reasonably expected that evidence will be destroyed.

Question 9

In which of the following scenarios is it most likely that voluntary consent to submit to a search will not be found?

A)A suspect is taken into custody and then consents to a search of his vehicle
B)A suspect grants permission after being asked once but is not informed that he can refuse
C)A suspect gives verbal permission to search his bag but then refuses to sign a consent form
D)A suspect with a moderately long criminal record is asked once for permission and grants it

Question 10

If an individual grants consent to search his or her home then later withdraws it, the officers _____.

A)must stop immediately
B)must stop immediately and return any seized items
C)may finish searching their immediate area
D)may disregard the withdrawal of consent

Question 11

Which of the following is not a reason the U.S. Supreme Court adopted the bright-line rule in regard to a search incident to arrest?

A)The courts do not have the resources to review every search incident to arrest.
B)Officers should not be forced to judge reasonableness in that manner.
C)Officer safety is of utmost importance.
D)Arrestees have lost a degree of personal privacy.

Question 12

The U.S. Supreme Court has held that "_____" is the standard for measuring the scope of consent to a search.

A)objective reasonableness
B)subjective reasonableness
C)officer interpretation
D)reasonable interpretation

Question 13

In which of the following scenarios can an officer not conduct a search incident to arrest/citation?

A)A 17-year-old suspect is arrested for burglary
B)A seemingly nonviolent woman is arrested for felony theft
C)A seemingly violent man is issued a citation for speeding
D)A 17-year-old suspect is arrested for shoplifting

Question 14

The concern over officer subjective motivation is not a concern of the Fourth Amendment but the Equal Protection Clause of the _____ Amendment.

A)First
B)Fifth
C)Ninth
D)Fourteenth

Question 15

Which of the following best describes the rules addressing how long officers must wait after a knock and announcement before breaking into a building?

A)Officers must knock and announce once, then wait about 15 seconds.
B)Officers must knock and announce twice, then wait about 15 seconds.
C)Officers must knock and announce once, then wait at least 1 minute.
D)Officers must knock and announce once. The wait time depends on the situation at hand.

Question 16

In which of the following scenarios is it most likely that voluntary consent to submit to a search will be found?

A)An officer asks a suspect six times for permission before he grants it
B)A suspect refuses to answer an officer's request for permission but then does not object when the officer searches his bag
C)Police interrogate an elderly suspect for 12 straight hours before asking once for permission to search and he grants it
D)A suspect voluntarily turns himself in to the police and submits to a search in the police station after being taken into custody

Question 17

Which of the following searches should be considered constitutional after a search incident to arrest of the driver of a car?

A)A search of a gym bag sitting on the back seat
B)A search of a locked box sitting on the front passenger seat
C)A search of an unlocked toolbox in the trunk
D)A search of the pockets of a jacket in the trunk

Question 18

To pass constitutional muster, consent given to allow for a consent search must be all but which of the following?

A)Voluntary
B)Well informed
C)Not the result of coercion
D)Consent must be all of the above.

Question 19

Which actor in the criminal justice system is required to prove voluntariness of consent?

A)Prosecutor
B)Judge
C)Searching officer
D)Arresting officer

Question 20

The procedural rule requiring officers to announce their presence before entering a home is known as the _____ rule.

A)informed-entry
B)knock-and-announce
C)safe-entry
D)reasonable-entry

Question 21

Two roommates share an apartment, sharing all rooms except their separate bedrooms. Which of the following rooms can one roommate grant consent to a search?

A)Living room
B)Kitchen
C)Bathroom
D)All of the above

Question 22

The U.S. Supreme Court has held that officers need not knock and announce when investigating drug crimes due to the ease of destruction of evidence in such cases.

Question 23

One aspect of a granted warrant may be that it must be carried out at a certain time of day.

Question 24

A suspect must be in a mental state of competence for permission to search to be considered voluntary.

Question 25

The U.S. Supreme Court has held that only weapons, narcotics, and other items that have an "immediately apparent" connection to a crime can be seized as a result of a search incident to arrest.

Question 26

If a suspect is given a citation for an offense for which they could have been arrested, the issuing officer can conduct a "search incident to citation" just as a search incident to arrest.

Question 27

If a suspect is arrested and taken into custody yet not immediately searched, he cannot be searched some hours later even if he is still in police custody.

Question 28

Which is not an explanation typically offered for the knock-and-announce rule?

A)The rule protects against individuals mistakenly believing their home is being burglarized and acting in self-defense against the intruders.
B)The occupants of the home are able to prepare for the entry of the police and avoid embarrassment.
C)The police are voluntarily dismissed and are not forced to knock down the door and destroy property.
D)Police are burdened by the requirement to announce their presence before entering the dwelling of another.

Question 29

When arresting a suspect for a misdemeanor, the officer must have reasonable suspicion to believe the suspect is dangerous to conduct a search incident to arrest.

Question 30

A young man was walking home at night when he passed a police car. The officer inside had previously arrested the young man for drug possession. The young man raised his hands in the air and proclaimed that he was clean this time. The officer got out of the car and began to search the young man. Did the young man consent to the search?

A)Yes, his actions indicated he was willing to prove to the officer he was clean.
B)Yes, he didn't put up a fight of any sort.
C)No, the officer failed to have him sign a waiver.
D)No, consent must be unequivocal and specific.

Question 31

The U.S. Supreme Court has ruled that officers are required to inform individuals of their rights to refuse to consent to a search.

Question 32

What standard of proof is required for police to search an automobile using the automobile exception?

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

Question 33

Police observe a suspect with a bag they believe (with probable cause) to be carrying drugs. The suspect places the bag in the trunk of the car and drives away. When the police stop the vehicle, where can they look to find the drugs?

A)Anywhere in the car drugs can be hidden
B)On the suspect's person and in the trunk
C)On the suspect's person and in the bag in the trunk
D)They cannot stop him until they get a warrant

Question 34

Which of the following is not true regarding inventory searches?

A)Unlawful items found can be used as evidence at trial.
B)They cannot be used as a pretext for an investigative search.
C)Police departments must have standard policies in place to conduct them.
D)Officers are required to have reasonable suspicion to inventory the contents of a container.

Question 35

Which of the following is a reasonable amount of time to wait before an officer forcibly enters the home after notifying the inhabitants of his presence?

A)30 seconds
B)As many as 5 minutes
C)The amount of time varies with the circumstances.
D)It depends on the nature of the offense in question.

Question 36

Which of the following cases held that the area within the immediate control of the arrestee may properly be searched, but there is no justification for police to search rooms other than the one in which the arrest occurred?

A)Chimel v. Alabama
B)Chimel v. California
C)Riley v. California
D)Dodd v. The People

Question 37

Which of the following searches should be considered constitutional?

A)A wife consents to search of her and her husband's entire home, even though he is not present; police search the entire home
B)A wife consents to a search of her home although her husband, who is present, denies consent; police search the living room and then leave
C)A roommate consents to a search of his dorm room, even though the other occupant is not there; police search the entire room, including both roommates' desks
D)None of the above searches are constitutional.

Question 38

An officer's subjective motivations need not be considered in regard to the Fourth Amendment justifications for an arrest.

Question 39

Upon which party does the burden of proof rest and to what degree must it be established in an attempt to establish the voluntariness of a consent search?

A)The prosecution must prove voluntariness by a preponderance of the evidence.
B)The prosecution must prove voluntariness beyond a reasonable doubt.
C)The defendant must prove voluntariness by a preponderance of the evidence.
D)The defendant must prove voluntariness beyond a reasonable doubt.

Question 40

Officers are allowed to falsely claim possession of a warrant to obtain voluntary permission to search.

Question 41

What are some of the factors considered in determining whether the totality of the circumstances indicates that the defendant voluntarily consented to a search?

Question 42

Give examples of both constitutional and unconstitutional knock-and-talk searches.

Question 43

Determining whether the consent is truly voluntarily given can be tricky. Explain some of the rules/guidelines the Court has used in the past. Imagine this hypothetical: a suspect is pulled over by the police. He has a moderately long rap sheet. Police approach the vehicle and think they smell marijuana and ask once for permission to search the vehicle. The suspect appears nervous but then says, "Yeah, whatever." Has the suspect truly given voluntary consent? Explain and support your answer.

Question 44

An individual consenting to a search is allowed to limit where and for what an officer may search.

Question 45

What are the differences between actual authority and apparent authority, and how do these concepts impact third-party consent to searches?

Question 46

Police may not use the automobile exception to search an automobile that serves as either a temporary or permanent home.

Question 47

A search will likely be deemed constitutional if police obtained permission from an individual that they reasonably but mistakenly believed to have common authority in a home.

Question 48

The _____ permits the police to conduct warrantless searches of automobiles when there is probable cause to believe that the vehicle contains contraband or evidence related to criminal activity.

Question 49

Explain the concept and justifications for warrantless searches incident to arrest. How does this concept apply to automobiles? What can and cannot be searched in an automobile? Why?

Question 50

Explain when it is reasonable for the police to break down the door to a home.

Question 51

A rule established by the U.S. Supreme Court that is clearly established and defined (very "black and white") is known as a _____ rule.

Question 52

Inventories often are categorized as "_____" searches, as they are undertaken for an administrative purpose and not to investigate a criminal offense.

Question 53

How can you differentiate the warrantless search of an automobile from the warrant requirement to search luggage outside the automobile?

Question 54

What is the purpose of an inventory, and why is warrant not required in order for one to be conducted?

Question 55

Officers are allowed to conduct a complete search of an automobile in the form of an inventory, but only if it is not a pretext to an investigative search.

Question 56

The area that may be searched via a search incident to arrest is known as the _____.

Question 57

The knock-and-announce rule has its origins in _____.

Question 58

The Supreme Court decisions in Robinson and Gustafson establish a bright-line rule. The fact of an arrest authorizes a search incident to an arrest regardless of the offense for which a suspect is arrested. Why did the Supreme Court adopt this bright-line approach?

Question 59

The U.S. Supreme Court has justified the automobile exception, stating that vehicles are subject to regulation such as registration and safety regulations.