Deck 10: Search and Seizure of Property

Question 1

Probable cause to search is defined as:

A)a reasonable belief that seizable items will be found.
B)a reasonable suspicion that seizable items will be found.
C)an educated hunch that seizable items will be found.
D)substantial proof that seizable items will be found.

Answer 1

A

Question 2

The "knock- and-notice" standards require:

A)the police to obtain consent to enter.
B)the police to identify themselves as police.
C)the police to obtain a search warrant.
D)the police to identify themselves and state their purpose.

Answer 2

D

Question 3

"Exigent circumstances":

A)excuse the absence of probable cause to search.
B)permit the police to search without having specific objects in mind.
C)must be identified by a judicial officer.
D)excuse the absence of a search warrant.

Answer 3

D

Question 4

A government official's intrusion upon "open fields":

A)requires a search warrant.
B)requires probable cause, but not a search warrant.
C)is not regulated by the Fourth Amendment.
D)is prohibited by the Fourth Amendment.

Question 5

"Freezing the status quo" allows the police to:

A)conduct a full search.
B)conduct a limited search for weapons.
C)prevent the destruction of evidence until a warrant is obtained.
D)conduct a quick and cursory inspection.

Question 6

Based on a rumor that D was involved in a series of burglaries, the police went to D's house and asked if they could search.D consented to the search and the police found stolen property.The search was:

A)proper if D's consent was voluntary.
B)improper because the police lacked probable cause.
C)improper because the police lacked a search warrant.
D)improper because the police failed to advise D of his constitutional rights.

Question 7

A written, sworn statement submitted to a magistrate by a police officer seeking a search warrant is called:

A)an affidavit.
B)a complaint.
C)a deposition.
D)an investigation report.

Question 8

The "plain view" doctrine permits the police to:

A)seize items not specified in the search warrant.
B)search for items not specified in the search warrant.
C)temporarily impound items not specified in the search warrant.
D)freeze the status quo of items not specified in the search warrant.

Question 9

Which of the following is a search?

A)A police officer listening to a conversation in a restaurant
B)An officer smelling marijuana in a bar
C)Seeing cocaine on the dashboard of a car
D)Taking drugs from the closed trunk of a car

Question 10

Which of the following is (are) required to obtain a proper search warrant?

A)Oath
B)Description of items to be seized
C)Neutral magistrate
D)All of the above

Question 11

When determining probable cause, police may consider:

A)what they have personally observed.
B)what they have been told by reliable informants.
C)what inferences follow from known facts.
D)all of the above.

Question 12

Probable cause deals with:

A)statistical probabilities.
B)practical probabilities.
C)hunches and suspicions.
D)legal burdens of proof.

Question 13

Consent searches require:

A)probable cause but not warrants.
B)neither warrants nor probable cause.
C)reasonable suspicion.
D)a written waiver of the right of privacy.

Question 14

Search incident to arrest must:

A)precede the arrest.
B)follow the arrest.
C)be substantially contemporaneous with arrest.
D)be deferred until the suspect is booked at the station house.

Question 15

An informant is:

A)one who supplies information for the issuance of a search warrant.
B)a person working undercover for the police.
C)an undercover police officer.
D)a jailhouse "snitch".

Question 16

For Fourth Amendment purposes, a search is defined as:

A)a government official's trespass on private property.
B)a police officer's attempt to obtain evidence.
C)a government official's intrusion upon protected privacy rights.
D)a government official's visual sighting of contraband.

Question 17

Objects subject to seizure include:

A)contraband.
B)stolen goods.
C)weapons used to commit crimes.
D)all of the above.

Question 18

A consensual search is lawful only if:

A)the defendant was informed of the Miranda rights.
B)the defendant's permission to search was given freely and voluntarily.
C)the defendant was informed of the right to refuse permission to search.
D)the search was based on probable cause.