Question 1

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.

Accepted Answer

Although there are different types of checkpoints the focus of this question is to address border checkpoints. In Martinez-Fuerte, the Court considered whether the Immigration and Naturalization Service (INS) could constitutionally establish permanent checkpoints on major highways away from the Mexican border for brief questioning. In its ruling, the Court upheld such practices ruling that checkpoint searches did not have to be predicated on "any individualized suspicion that the particular vehicle contains illegal aliens." In its justification, the Court evaluated various issues and concluded that: (1) the intrusion occasioned by a brief investigative stop to ascertain residence could not be equated to the search of a private residence; (2) motorists could choose to avoid such checkpoints because of their permanency; (3) individualized suspicion was not possible because of the heavy traffic flow surrounding border areas; (4) officer discretion was not to be considered because supervisors controlled the location and administration of checkpoints; and (5) that a requirement of probable cause would largely eliminate any deterrent effect on smuggling operations.

Question 2

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

Accepted Answer

A) True 
 B)False  True

Question 3

Match up the concept to the description :
-Plain feel doctrine

Accepted Answer

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. C

Question 4

Automobile inventories are only permissible if:

Accepted Answer

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 5

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

Accepted Answer

The answer of Discuss the three forms of investigative inquiries...

Question 6

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

Accepted Answer

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

Question 7

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

Accepted Answer

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

Question 8

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?

Accepted Answer

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

Question 9

In which of the following situation are warrants not required?

Accepted Answer

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

Question 10

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?

Accepted Answer

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

Question 11

Match up the concept to the description :
-Consent searches

Accepted Answer

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 12

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

Accepted Answer

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

Question 13

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

Accepted Answer

A) True 
 B)False

Question 14

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

Accepted Answer

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

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

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 17

Match up the concept to the description :
-Third-party consent

Accepted Answer

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 18

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

Accepted Answer

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

Question 19

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.

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 6: Warrantless Searches

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

Match up the concept to the description : -Plain feel doctrine

Automobile inventories are only permissible if:

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

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

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

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?

In which of the following situation are warrants not required?

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?

Match up the concept to the description : -Consent searches

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

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

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

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

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

Match up the concept to the description : -Third-party consent

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

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.

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