Deck 7: Searches and Seizures of Things

Question 1

Under the Fourth Amendment,a seizure is:

A)a meaningful interference with a possessory interest in property.
B)the same as a search.
C)an intrusion into an area where a person has a reasonable expectation of privacy.
D)an interference with a reasonable expectation of possession.

Answer 1

A

Question 2

Which of the following is NOT an exception to the warrant requirement?

A)Search of a home
B)Search incident to a lawful arrest
C)Exigent circumstances
D)Consent

Answer 2

A

Question 3

Which of the following may be searched after a valid arrest?

A)The body of the arrested person
B)The area of the arrested person's immediate control
C)Both their body and the immediate area
D)None of the answers are correct.

Answer 3

C

Question 4

The general rule is that searches and seizures can be made:

A)without a warrant.
B)without probable cause.
C)only with a warrant.
D)without a warrant as long as there is probable cause.

Question 5

A search warrant is issued by a magistrate on the basis of a signed and prepared by a police officer.

A)sworn affidavit
B)statement of reasonable suspicion
C)writ
D)complaint

Question 6

Which of the following is not a special needs search?

A)Public school students
B)Probationers and parolees
C)Airport security
D)Exigent circumstances

Question 7

The term contraband generally means:

A)items which are illegal for anyone to possess.
B)fruits of crime.
C)instruments of crime.
D)evidence.

Question 8

Which of the following is "mere" evidence?

A)Drugs and illegal weapons
B)Burglary and safe-cracking tools
C)Stolen goods and forged checks
D)Blood stained clothing and shoes

Question 9

The common factor in all special needs searches is that they:

A)involve highly regulated businesses or industry.
B)are not initiated by the police.
C)are based on good faith behavior by the police.
D)are based on probable cause.

Question 10

Under the Fourth Amendment,a search is a(n):

A)interference with a pecuniary interest in property.
B)intrusion into an area where a person has a reasonable expectation of privacy.
C)entry into a public area.
D)interference with a reasonable expectation of possession.

Question 11

One way in which search warrants are different from arrest warrants is that search warrants:

A)do not have to be based on probable cause.
B)can only be approved by judges of courts of record.
C)can expire.
D)can be based on stale information.

Question 12

In general,searches and seizures of computers have legal requirements as any other type of seizures.

A)more
B)less
C)the same
D)considerably greater

Question 13

A police officer who wanted to obtain a warrant immediately to search a location,on the expectation that contraband will arrive there later,would seek a(n)search warrant.

A)prospective
B)anticipatory
C)future
D)contingent

Question 14

Under the Fourth Amendment,consent to search:

A)must be knowing to be valid.
B)must be preceded by Miranda warnings.
C)can be revoked by the person giving consent.
D)can be implied from silence when asked.

Question 15

If an officer encourages a private citizen to search his neighbor's house for a stolen television,the Fourth Amendment's protection from unreasonable searches and seizures:

A)does not apply to this situation.
B)does apply only if evidence of crime is found.
C)does apply to this situation.
D)does not apply if there was probable cause.

Question 16

Search warrants:

A)do not expire.
B)must be signed by a police officer.
C)must be executed or served in a reasonable fashion.
D)can be used for fishing expeditions.

Question 17

Which of the following is not a heavily or closely regulated business for Fourth Amendment purposes?

A)A supermarket
B)A liquor store
C)An automobile junkyard
D)A strip mine

Question 18

Which of the following is not a recognized exception to the search warrant requirement?

A)Exigent circumstances
B)Administrative search
C)Search incident to lawful arrest
D)Crime scene

Question 19

Searches and seizures of things are governed by the:

A)Fourth Amendment.
B)Fifth Amendment.
C)Sixth Amendment.
D)Eighth Amendment.

Question 20

Searches and seizures by private citizens acting solely on their own:

A)require at least a reasonable suspicion.
B)require at least probable cause.
C)are covered by the Fifth Amendment.
D)are not covered by the Fourth Amendment.

Question 21

The exception for exigent circumstances applies when there is some kind of emergency situation that makes dangerous,useless,or unnecessary.

A)a warrantless search
B)obtaining a search warrant
C)having probable cause
D)obtaining a consent in writing

Question 22

If a suspect is lawfully arrested in an automobile,the police may search:

A)only the area inside the vehicle that was in the immediate control of the arrestee.
B)the entire passenger compartment but may not open any containers therein.
C)the entire passenger compartment and open any containers therein.
D)the entire vehicle,including the trunk.

Question 23

In which ways do search warrants and arrest warrants treat probable cause?

A)Both require probable cause.
B)The definition of probable cause is the same for both.
C)For both,probable cause is determined by the judicial officer.
D)All of the answers are correct.

Question 24

The U.S.Supreme Court has held that the only requirement public high school officials need for a valid search of students is:

A)a warrant.
B)probable cause.
C)reasonable grounds.
D)None of the answers are correct.

Question 25

In a voluntary consent situation,voluntariness is determined by looking at the:

A)two-pronged agreement test.
B)Aguilar test.
C)totality of the circumstances.
D)reasonableness test.

Question 26

Warrantless searches with consent are valid,but the consent must be which of the following?

A)Intelligent
B)Voluntary
C)Knowing
D)Coerced

Question 27

The contents of an affidavit must be sufficient to allow an independent evaluation of probable cause by a(n):

A)attorney.
B)police officer.
C)magistrate.
D)jury.

Question 28

Whether or not a consent to search is valid is determined by:

A)whether the police had a warrant.
B)examining the totality of the circumstances.
C)examining the apparent consent.
D)examining the language in the consent form.

Question 29

The leading case on searching the area within the person's immediate control is:

A)Garrison v.California (1969).
B)Schmerber v.California (1969).
C)Cullinson v.California (1969).
D)Chimel v.California (1969).

Question 30

In searches and seizures without a warrant,who has the burden of proof regarding probable cause?

A)The police
B)The defendant
C)The prosecuting attorney
D)The defense attorney

Question 31

In 2005,the U.S.Supreme Court held that a dog sniff conducted during a lawful traffic stop that reveals no information other than the location of an illegal substance that no individual has any right to possess does not violate the:

A)Fourth Amendment.
B)Fifth Amendment.
C)Sixth Amendment.
D)Eighth Amendment.

Question 32

Which of the following groups have undiminished constitutional rights?

A)College students
B)High school students
C)Elementary school students
D)Parolees

Question 33

The general rule regarding searches when applied to searches of computers is that officers must:

A)have at least a reasonable suspicion.
B)obtain a search warrant.
C)have at least probable cause.
D)obtain an order from the Federal Communications Commission.

Question 34

Which of the following is NOT a "special needs beyond law enforcement" exception?

A)Public school searches
B)Border
C)Probationer and parolee homes
D)Airport searches

Question 35

A custodial search may be deemed "incident to arrest" even when carried out later than the time of arrest,if there was a:

A)reason for the delay.
B)valid reason for the delay.
C)delay.
D)None of the answers are correct.

Question 36

Under the exception for a search incident to a lawful arrest,officers may search:

A)the area in which the suspect could reach to obtain a weapon or destroy evidence.
B)the entire building in which the arrest is made.
C)any person in the area of the arrest.
D)the area and any person in the area in which the suspect could reach to obtain a weapon or destroy evidence.

Question 37

There is no search within the meaning of the Fourth Amendment if police use drug-detection dogs,as long as the police:

A)have a warrant.
B)have a reasonable suspicion.
C)have properly trained the dog.
D)are legally at the location.

Question 38

Which of the following is NOT common to both search warrants and arrest warrants?

A)Probable cause is needed.
B)The definition of probable cause is the same.
C)Items in plain view may be seized.
D)They both expire.

Question 39

Airport searches require which of the following?

A)Mere suspicion
B)Reasonable suspicion
C)Probable cause
D)None of the answers are correct.

Question 40

Police officers may search computers without a warrant in which of the following situations?

A)If they have a valid consent
B)If they are off duty
C)If they want to
D)All of the answers are correct.

Question 41

A(n)search is one conducted by government investigators to see if there are any violations of government rules and regulations.

Question 42

Items which,in general,are illegal for anyone to possess are called .

Question 43

Before Officer Davis can seize anything from Fred,he will need to gather enough information to attain the level of proof of:

A)reasonable suspicion.
B)probable cause.
C)proof beyond a reasonable doubt.
D)minimum suspicion.

Question 44

To justify surgery to remove a bullet from a suspect's chest under general anesthesia,the government would have to show a _.

Question 45

If Officer Jones obtains consent to search from Barney,who answers the door to Apartment G,which of the following restricts his search?

A)Can only search the bedroom
B)Can also look for drugs
C)Search must stay within its allowable scope
D)No restrictions on his search

Question 46

If the information he gathers is about the tire tool,the search warrant is to search for burglary tools,and Officer Smith will be seeking authority to search for:

A)contraband.
B)fruits of the crime.
C)instrumentalities of the crime.
D)"mere evidence" of the crime.

Question 47

If the information he gathers is about the gold jewelry,the search warrant is to search for the stolen jewelry,and Officer Smith will be seeking authority to search for:

A)contraband.
B)fruits of the crime.
C)instrumentalities of the crime.
D)"mere evidence" of the crime.

Question 48

The constitutional right to privacy is often invoked in search and seizure cases in addition to the Fourth Amendment right against searches and seizures.

Question 49

A wise legal maxim for officers to remember is this: It is for a police officer to look for an elephant in a matchbox.

Question 50

Searches of closely and highly businesses do not require a warrant or probable cause.

Question 51

If the information he gathers is about the torn jeans and blood,the search warrant is to search for items such as a suspect's clothing,is called:

A)contraband.
B)fruits of the crime.
C)instrumentalities of the crime.
D)"mere evidence" of the crime.

Question 52

Before Officer Davis can search Fred's property,he will need to gather evidence to present to a judge that rises to the level of:

A)reasonable suspicion.
B)minimum suspicion.
C)proof beyond a reasonable doubt.
D)probable cause.

Question 53

Two types of searches are those with and those without a .

Question 54

Lawfully possessed items which the police want only because they are evidence of crime are called
evidence.

Question 55

If a female answers the door,what must Officer Jones establish before he can obtain valid consent to search?

A)She must have the authority to give consent.
B)She must admit the presence of the boxes.
C)She must show identification proving that she is at least 21 years old.
D)He doesn't need to establish anything,if she gives consent.

Question 56

When Officer Smith finds the base for the group,and gathers information about the cocaine that he takes to the magistrate to obtain a search warrant for the cocaine,he will be asking for authority to search for:

A)contraband.
B)fruits of the crime.
C)instrumentalities of the crime.
D)"mere evidence" of the crime.

Question 57

In considering what to do next,Officer Davis needs to divide search and seizure into:

A)don't divide.
B)two separate acts.
C)three separate acts.
D)four separate acts.

Question 58

The words " " are often used as one term;in reality they are two different terms and refer to different acts.

Question 59

Under the principle,consent to search is valid if given by a person whom the police reasonably believe has authority to give that consent,even if,in fact,the person does not have authority.

Question 60

To get consent to search,which of the following must Officer Jones obtain from Barney in Apartment G?

A)Barney's consent must be in writing
B)Barney's consent must be voluntary
C)Barney must show identification that proves he is at least 21 years of age.
D)The LG monitor boxes must be clearly seen from the door.

Question 61

There are four basic requirements for the valid issuance of a search warrant: (1)a statement of probable cause, (2)a supporting oath or affirmation, (3)a of the place to be searched and the things to be seized,and (4)the signature of a magistrate.

Question 62

It is important to know who can give consent to a legal search of private premises.

Question 63

An anticipatory search warrant must be based on .

Question 64

__________is defined as the exercise of dominion or control by the government over a person or thing because of a violation of law.

Question 65

The general rule is that searches and seizures can be conducted only with a .

Question 66

__________is often misunderstood as a single and continuous act.

Question 67

The right to privacy is a right.

Question 68

Both a search and a seizure require .

Question 69

The phrase "reasonable expectation of privacy" requires that the person must have exhibited an actual expectation of privacy and the expectation must be one that is prepared to recognize as reasonable.

Question 70

The Supreme Court has not directly addressed the of drug testing police officers.

Question 71

A(n)of things or items is defined as the exercise of dominion or control by the government over a
person or thing because of a violation of law.

Question 72

A search last indefinitely,with or without a warrant.

Question 73

A(n)of officer presence is required when serving a warrant,but there are exceptions.

Question 74

A warrant issued before the contraband is in the location to be searched is called a/an search warrant.

Question 75

The exploration or examination of an individual's home,premises,or person to discover things or items that may be used by the government as evidence in a criminal proceeding is the definition of a _.

Question 76

In a search incident to a lawful arrest,officers may search the area within the arrestee's area of
control.

Question 77

The general rule is that searches and seizures can be made only with a .

Question 78

A warrantless search by an officer of a probationer's apartment,supported by and authorized by the judge as a condition of probation,is valid.

Question 79

A(n)of things is defined as the exploration or examination of an individual's house,premises,or person to discover things that may be used by the government for evidence in a criminal prosecution.

Question 80

In the four types of things subject to search and seizure,fruits of the include forged checks.