Question 1

Probable cause to search is defined as:&#10;A)a reasonable belief that seizable items will be found.&#10;B)a reasonable suspicion that seizable items will be found.&#10;C)an educated hunch that seizable items will be found.&#10;D)substantial proof that seizable items will be found.

Accepted Answer

Probable cause to search is a reasonable belief or a strong likelihood that seizable items will be found. It does not require substantial proof, but rather a sufficient reason to believe that a search will yield evidence of criminal activity. A reasonable suspicion, as stated in option B, is a lower standard than probable cause and is not enough to justify a search. An educated hunch or a gut feeling, as stated in option C, is not enough to meet the legal standard of probable cause. Probable cause to search is a reasonable belief or basis for a belief that seizable items will be found. It is less than substantial proof but more than a mere hunch or suspicion. Therefore, choice A is the most appropriate answer.

Question 2

The &#34;knock- and-notice&#34; standards require:&#10;A)the police to obtain consent to enter.&#10;B)the police to identify themselves as police.&#10;C)the police to obtain a search warrant.&#10;D)the police to identify themselves and state their purpose.

Accepted Answer

The "knock-and-notice" standards require the police to identify themselves and state their purpose before entering a premises. While obtaining a search warrant is also a requirement for a lawful search, it is not directly related to the "knock-and-notice" standards. Consent to enter may also be obtained, but it is not a requirement under this standard. The "knock-and-notice" standards require that the police identify themselves and state their purpose, but they do not necessarily require consent or a search warrant. This requirement is intended to minimize the potential for violence and prevent mistaken entries by law enforcement.

Question 3

&#34;Exigent circumstances&#34;:&#10;A)excuse the absence of probable cause to search.&#10;B)permit the police to search without having specific objects in mind.&#10;C)must be identified by a judicial officer.&#10;D)excuse the absence of a search warrant.

Accepted Answer

Exigent circumstances refer to urgent or emergency situations where the police have a reasonable belief that a search is necessary to prevent harm to individuals or evidence from being destroyed. In such situations, the absence of a search warrant may be excused. Exigent circumstances refer to situations where there is an immediate and urgent need for law enforcement action, such as when someone's life is in danger or evidence is at risk of being destroyed. In such cases, the absence of a search warrant can be excused and the police can conduct a search without one.

Question 4

A government official's intrusion upon &#34;open fields&#34;:&#10;A)requires a search warrant.&#10;B)requires probable cause, but not a search warrant.&#10;C)is not regulated by the Fourth Amendment.&#10;D)is prohibited by the Fourth Amendment.

Accepted Answer

Open fields, which are areas outside of the curtilage of a home or business, are not considered protected under the Fourth Amendment. Therefore, a government official's intrusion upon open fields does not require probable cause or a search warrant. The Fourth Amendment only protects against unreasonable searches and seizures in areas where individuals have a reasonable expectation of privacy, such as their home or personal property. The Supreme Court has consistently ruled that there is no reasonable expectation of privacy in open fields, and therefore government officials do not need a search warrant or probable cause to intrude upon them.

Question 5

&#34;Freezing the status quo&#34; allows the police to:&#10;A)conduct a full search.&#10;B)conduct a limited search for weapons.&#10;C)prevent the destruction of evidence until a warrant is obtained.&#10;D)conduct a quick and cursory inspection.

Accepted Answer

Freezing the status quo means preserving the scene and preventing the destruction of evidence until a warrant can be obtained. This means that the police cannot conduct a full or limited search without a warrant, nor can they conduct a quick and cursory inspection. "Freezing the status quo" means preserving the current state of affairs until a warrant can be obtained. This allows the police to prevent the destruction of evidence while they wait for the warrant. Therefore, the correct choice is C.

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.

Accepted Answer

The search was proper because D gave voluntary consent to the search. The police did not need a warrant or probable cause in this situation because they obtained consent from the individual being searched. The fact that there was a rumor about D's involvement in burglaries does not constitute probable cause. As long as the consent to search is voluntary, the search is lawful. There was no requirement for the police to advise D of his constitutional rights in this situation. If D consented voluntarily to the search, then the search is considered proper even if the police lacked probable cause or a warrant. The police did not need to advise D of his constitutional rights if he gave voluntary consent.

Question 7

A written, sworn statement submitted to a magistrate by a police officer seeking a search warrant is called:&#10;A)an affidavit.&#10;B)a complaint.&#10;C)a deposition.&#10;D)an investigation report.

Accepted Answer

An affidavit is a written, sworn statement submitted by a police officer to a magistrate to obtain a search warrant. It describes the facts and circumstances that provide probable cause for the search. An affidavit is a written, sworn statement submitted to a magistrate by a police officer seeking a search warrant. A complaint is a written statement that begins a criminal case, a deposition is a witness's out-of-court testimony that is under oath and recorded for use in court, and an investigation report is a document summarizing an investigation conducted by law enforcement.

Question 8

The &#34;plain view&#34; doctrine permits the police to:&#10;A)seize items not specified in the search warrant.&#10;B)search for items not specified in the search warrant.&#10;C)temporarily impound items not specified in the search warrant.&#10;D)freeze the status quo of items not specified in the search warrant.

Accepted Answer

The "plain view" doctrine allows police officers to seize any item that is clearly visible to them while executing a search warrant, even if that item was not specifically listed in the warrant. However, the item must be immediately recognizable as contraband or evidence in order to be seized under this doctrine. The "plain view" doctrine permits the police to seize items that are in plain sight but not specified in the search warrant, as long as the item is immediately recognizable as evidence or contraband. The police cannot search for or seize items not in plain sight without a separate warrant or an exception to the warrant requirement. The doctrine does not address temporarily impounding or freezing the status quo of items.

Question 9

Which of the following is a search?&#10;A)A police officer listening to a conversation in a restaurant&#10;B)An officer smelling marijuana in a bar&#10;C)Seeing cocaine on the dashboard of a car&#10;D)Taking drugs from the closed trunk of a car

Accepted Answer

Taking drugs from a closed trunk of a car constitutes a search because the officer is physically intruding in a place where the person has a reasonable expectation of privacy. This would require a warrant or a recognized exception to the warrant requirement. A, B, and C would not be considered searches under the Fourth Amendment because they do not involve physical intrusion or the violation of a reasonable expectation of privacy.

Question 10

Which of the following is (are) required to obtain a proper search warrant?&#10;A)Oath&#10;B)Description of items to be seized&#10;C)Neutral magistrate&#10;D)All of the above

Accepted Answer

All of the above are required to obtain a proper search warrant. An oath is necessary to establish probable cause, a description of items to be seized is necessary to ensure that only relevant items are seized, and a neutral magistrate is necessary to ensure that the warrant is issued impartially and based on legal standards. All of the above are required to obtain a proper search warrant. The warrant must be supported by an oath or affirmation, provide a description of the place to be searched and the things to be seized, and be issued by a neutral and detached magistrate.

Question 11

When determining probable cause, police may consider:&#10;A)what they have personally observed.&#10;B)what they have been told by reliable informants.&#10;C)what inferences follow from known facts.&#10;D)all of the above.

Accepted Answer

The answer of When determining probable cause, police may consider:&#10;A)what...

Question 12

Probable cause deals with:&#10;A)statistical probabilities.&#10;B)practical probabilities.&#10;C)hunches and suspicions.&#10;D)legal burdens of proof.

Accepted Answer

The answer of Probable cause deals with:&#10;A)statistical probabilities.&#10;B)practical probabilities.&#10;C)hunches and...

Question 13

Consent searches require:&#10;A)probable cause but not warrants.&#10;B)neither warrants nor probable cause.&#10;C)reasonable suspicion.&#10;D)a written waiver of the right of privacy.

Accepted Answer

The answer of Consent searches require:&#10;A)probable cause but not warrants.&#10;B)neither...

Question 14

Search incident to arrest must:&#10;A)precede the arrest.&#10;B)follow the arrest.&#10;C)be substantially contemporaneous with arrest.&#10;D)be deferred until the suspect is booked at the station house.

Accepted Answer

The answer of Search incident to arrest must:&#10;A)precede the arrest.&#10;B)follow...

Question 15

An informant is:&#10;A)one who supplies information for the issuance of a search warrant.&#10;B)a person working undercover for the police.&#10;C)an undercover police officer.&#10;D)a jailhouse &#34;snitch&#34;.

Accepted Answer

The answer of An informant is:&#10;A)one who supplies information for...

Question 16

For Fourth Amendment purposes, a search is defined as:&#10;A)a government official's trespass on private property.&#10;B)a police officer's attempt to obtain evidence.&#10;C)a government official's intrusion upon protected privacy rights.&#10;D)a government official's visual sighting of contraband.

Accepted Answer

The answer of For Fourth Amendment purposes, a search is...

Question 17

Objects subject to seizure include:&#10;A)contraband.&#10;B)stolen goods.&#10;C)weapons used to commit crimes.&#10;D)all of the above.

Accepted Answer

The answer of Objects subject to seizure include:&#10;A)contraband.&#10;B)stolen goods.&#10;C)weapons used...

Question 18

A consensual search is lawful only if:&#10;A)the defendant was informed of the Miranda rights.&#10;B)the defendant's permission to search was given freely and voluntarily.&#10;C)the defendant was informed of the right to refuse permission to search.&#10;D)the search was based on probable cause.

Accepted Answer

The answer of A consensual search is lawful only if:&#10;A)the...

Deck 10: Search and Seizure of Property