Deck 15: Searches and Seizures of Property

Question 1

A warrant is issued based on ____________.

A) probable cause
B) reasonable suspicion
C) the totality of the circumstance
D) the need to control crime

Answer 1

A

Question 2

A search warrant requires particularity, meaning:

A) The warrant must state the specific address of where the search will occur.
B) The warrant must identify the specific objects that are likely to be found in the search.
C) The warrant must identify the specific persons associated with the specific address and objects.
D) All of the above
E) Only a and b.

Answer 2

E

Question 3

Which of the following statements is incorrect regarding the knock and announce rule under common law?

A) English common law required police offices to announce their presence and wait for the home owner to open the door.
B) English common law permitted police officers to break down the home owner's door if the home owner refused to allow them in the home to execute the warrant.
C) English common law did not require that police officers wait for the home owner to open the door and allow entry-they simply had to announce their presence and proceed to enter the home.
D) The English common law approach is the basis of the modern day knock and announce rule.

Answer 3

C

Question 4

Typical explanations for knock and announce rule include all of the following, except:

A) The rule protects against individuals thinking that their home is being burglarized and responding to the perceived threat in self-defense.
B) The rule provides police with the opportunity to execute the warrant in a nonhostile environment and to obtain more evidence with the cooperative home owner.
C) The rule allows the home owners time to prepare for the police to enter their homes and avoid embarrassment had the police just walked in on them without notice.
D) The rule gives the home owner time to open the door rather than have police destroy his or her property to gain entry into the home.

Question 5

Which of the following is not one of the three situations that the U.S. Supreme Court has identified as a situation when it is reasonable for the police break down the door of a home without knocking and announcing their presence?

A) When there is a threat of physical violence
B) When a prisoner escapes and flees into the home
C) When there is reason to believe that the person will flee the home through another exit
D) When there is reason to believe that evidence will be destroyed

Question 6

Which of the following represent(s) the standard established by the Court in United States v. Ramirez for determining whether the police do not have to knock and announce before executing a search warrant?

A) The reasonableness of the police action is based on a determination that the facts and circumstances of the particular entry justified entry without a knock and announce.
B) The police must have reasonable suspicion that the knock and announce would serve no purpose.
C) The police must have reasonable suspicion that the knock and announce would inhibit the effective investigation of a crime by allowing for the destruction of evidence.
D) Only a and c
E) All of the above

Question 7

In Chimel v. California, the Court stated three purposes for allowing a police officer to search a person who has been arrested. The reasons stated by the Court include:

A) To seize weapons that may harm the officer, could be used to resist arrest, or used to flee
B) To prevent the destruction or concealment of evidence
C) To exert control over the suspect and limit his or her right to privacy
D) All of the above
E) Both a and b

Question 8

Officer Smith places Alice under arrest. Officer Smith the searches Alice's persons including inside her pockets and the purse she is carrying. Officer Smith has Alice empty her pockets and finds methamphetamine in the contents of Alice's pockets. Officer Smith charges her with the additional charge of possession of narcotics. Alice's attorney moves to suppress the evidence as the product of an illegal search. Will the suppression motion be successful?

A) Yes, if the search was conducted without probable cause that Alice might be carrying narcotics.
B) Yes, while a search of Alice's person without a warrant may have been warranted, the extension of the search to the contents of Alice's pockets exceeded the permissible scope of Terry, making it an illegal search.
C) No, applying the holding in Chimel, the requiring of Alice to empty her pockets following a lawful arrest would be permissible both for officer safety and to prevent the destruction of contraband.
D) No, applying the holding in Chimel, once a person is placed under lawful arrest, the person loses any reasonable expectation of privacy and a search of his or her person is permissible under the Fourth Amendment.

Question 9

Under Chimel, if Tom is arrested in his home pursuant to an arrest, what is the permissible scope of a search that can be conducted by the police officers once the arrest warrant is executed?

A) The search area is limited to Tom's person.
B) The search area includes Tom's person and the area of Tom's immediate control.
C) The search area extends to Tom's person and to all areas of the home where Tom had access or exercised dominion and control.
D) None of the above are correct.

Question 10

A search of what is commonly referred to as the grab area is limited to a search for:

A) Weapons
B) Evidence
C) Contraband
D) All of the above

Question 11

Which of the following does not reflect the Court's position in regard to the extent of privacy extended to person's cellphone seized by police pursuant to a lawful arrest?

A) The cellphone may be taken from the person and stored with the person's other property when booked into custody.
B) The police can examine the cellphone to determine whether it poses a physical threat.
C) The police can search the cellphone and its contents without probable cause if the cellphone was incident to a lawful arrest.
D) The police cannot search the cellphone and its contents without a warrant based on probable cause as the cellphone holds "the privacies of life."

Question 12

A search incident to an arrest must be contemporaneous with the arrest. This means that the search must occur:

A) Immediately before the arrest
B) At the same time of the arrest
C) Immediately after the arrest
D) Only b and C
E) All of the above

Question 13

In New York v. Belton, the Court applied their ruling in Chimel, to an automobile search and held that:

A) Articles within the passenger compartment are within the area in which an individual might reach to grab a weapon or evidence of a crime.
B) When arresting an individual in an automobile, the officer may search the passenger compartment of the automobile so long as the search is conducted contemporaneously with the arrest.
C) Containers within the individual's reach may be searched so long as the search is conducted contemporaneously with the arrest.
D) All of the above

Question 14

How did the Court apply their holding in Belton when asked in Thornton v. United States to decide whether the police could search an individual's vehicle when the individual had exited the vehicle before being approached by the police officer and placed under arrest?

A) The Court held that Belton applied only to those situations where the individual was in the vehicle at the time the police officer made the initial contact and was subsequently placed under arrest.
B) The Court held that Belton applied to persons who had exited their vehicle prior to any contact with the police office and was subsequently placed under arrest.
C) The Court overturned Belton, holding that once the person is outside of the vehicle and under arrest there is little risk that the individual could access weapons or contraband that was inside the vehicle.
D) The Court modified Belton¸ permitting search of the passenger compartment of a vehicle only in those situations in which the car might contain evidence relevant to the crime for which the individual was arrested.

Question 15

In Arizona v. Grant, the Court revisited the bright line rule established in Benton and:

A) Overturned their holding Belton
B) Re-affirmed their holding Belton
C) Significantly limited their holding Belton
D) Significantly expanded their holding Belton

Question 16

Office Johnson saw Troy, a known drug dealer, leaving a house where the occupants of the house are suspected drug dealers. Officer Johnson followed Troy and, when Troy failed to come to a complete stop at a stop sign, Officer Johnson pulled Troy over. Officer Johnson learned Troy had an outstanding warrant, had Troy get out the vehicle, and placed Troy under arrest. Officer Johnson searched Troy and found cocaine in the pocket of Troy's jeans. Troy moved to have the cocaine suppressed. What was the outcome?

A) Troy's motion was successful because Officer Johnson exceeded the scope of the search incident to arrest exception to the warrant requirement.
B) Troy's motion was successful because Officer Johnson used the stop as a pretext to hoping to find narcotics.
C) Troy's motion was not successful as Officer Johnson had a valid reason to pull Troy over and conducted a search within the scope of a search incident to a lawful arrest.
D) Troy's motion was not successful as Officer Johnson had reasonable suspicion to make the stop based on having seen Troy leave a known drug house.

Question 17

The legal test for consent to search is that the consent must be voluntary and may not be the result of:

A) Duress
B) Express coercion
C) Implied coercion
D) Only a and b
E) All of the above

Question 18

According to the Court in Schneckloth v. Bustamonte, informing individuals of their right to refuse consent:

A) Was required of the police officer in order for the consent to be voluntary
B) Would run the risk of individuals refusing consent and interfering with police investigations
C) Would weaken the police officer's ability to quickly resolve criminal matters
D) Was not required but would be considered a factor when determining the voluntariness of the consent
E) All of the above except a f. All of the above except d

Question 19

Which of the following is true about consent to search?

A) The burden is on the individual to prove that consent was not given voluntarily.
B) The burden of proof required to show the voluntariness of consent is beyond a reasonable doubt.
C) The Court developed a bright line test to assess if consent was given voluntarily.
D) The burden is on the prosecution to establish the voluntariness of consent.

Question 20

Cases where the court has held that the defendant did not consent to a search include:

A) Police officers threatened to remain with the person until another officer went and secured a warrant.
B) The search was conducted after the officers told the individual that they had a warrant to search when they did not.
C) The search was conducted after obtaining consent from a person with a low IQ and a predisposition to comply with requests of authority.
D) The police officers read the individual the Miranda warning and the individual consented to the search.

Question 21

The legal standard for third party consent searches is:

A) If police rely on an individual who possesses common authority over the premises to be searched, the consent is valid.
B) If the police reasonable rely on consent from an individual who, in fact, lacks common authority, the consent is valid.
C) The police may rely on the consent of individuals exercising actual authority as well as apparent authority.
D) All of the above are correct.
E) Only a and c are correct.

Question 22

In regard to third-party authority to consent, which of the following is not correct?

A) A juvenile can give consent to the search his or her home.
B) Parents can give consent to search the bedrooms of their juvenile children.
C) A spouse cannot give consent to the search areas of the home that are under the exclusive control of the other spouse.
D) A motel clerk cannot give consent to the search a motel room that has been rented out.

Question 23

In regard to third-party to consent, which of the following is correct?

A) A spouse can give consent to search areas of the home that are under the exclusive control of the other spouse.
B) A landlord cannot give consent to the search of a tenant's apartment.
C) Roommates may consent to the search of the shared residence.
D) Parents cannot give consent to the search of the bedrooms of their juvenile children.

Question 24

Which of the following represents the Court's position on third-party consent when the premise is co-occupied?

A) Police cannot rely on the consent to a search by one co-tenant when the other co-tenant objects to the search.
B) Police may remove a co-tenant from the premises in order to prevent him or her form objecting to a search.
C) Police are required to seek out a co-tenant of a premises to determine if he or she approves or objects to a search.
D) If a co-occupant is in custody at the time the consent to search is requested, that co-occupant loses his or her right to approve or object to the search.

Question 25

In Chambers v. Maroney, the Court held that it is not practicable to require the police to obtain a search warrant for motor vehicles because:

A) The car is movable
B) The occupants are alerted
C) The car's contents may never be found again
D) All of the above

Question 26

Which of the following represents the Court's position in Carroll on an automobile search?

A) An automobile can be searched without probable cause and without a warrant.
B) An automobile can be searched with probable cause but not a warrant.
C) An automobile search requires probable cause and a warrant.
D) None of the above

Question 27

The U.S. Supreme Court has stated that motor vehicles have a reduced expectation of privacy, which justifies the warrantless search of a motor vehicle because:

A) Vehicles travel on public highways
B) The interior and the exterior of automobiles is easily observable by a plain view search
C) Individuals rarely store their personal items in their vehicle
D) All of the above
E) Only a and c

Question 28

Police officers may open and search containers found inside a vehicle when:

A) The officer has probable cause to believe that the vehicle contains contraband
B) The officer has reasonable suspicion that the closed containers contain contraband
C) The officer has probable cause to believe that the container houses the object of the search
D) The officer has a reasonable suspicion that the container houses the object of the search

Question 29

Greta was arrested and booked into the county jail on an outstanding warrant for issuing a bad check. The vehicle that she was operating at the time of her arrest was towed to the impound yard. Greta learns that her vehicle was searched by the police after her arrest, and the police found narcotics. As a result, Greta was charged with a narcotics offense. Greta moves to suppress the narcotics as the product of an illegal search. Will her motion be successful?

A) Yes, because the search of her vehicle was too remote in time to constitute a search incident to an arrest.
B) Yes, because the police had no probable cause to search Greta's vehicle.
C) No, if the search was conducted when it reached the impound yard it was consistent with standard procedure.
D) No, because she has no reasonable expectation of privacy in her vehicle once it was seized by the police.

Question 30

Which of the following is not a reason for the court sanctioning an inventory search?

A) It is undertaken to deter criminal activity.
B) It serves to prevent a person from filing false claims of theft by the police.
C) It protects a person's property against theft by the police.
D) It can confirm or help ascertain a person's identity.

Question 31

The U.S. Supreme Court has approved inventory searches in all of the following cases, except:

A) The seizure of amphetamines found in a shoulder bag during an inventory at the police station
B) The seizure of the contents of a suitcase left underneath the bus as checked luggage
C) The warrantless inventory of the contents of an automobile that had been towed to a police impound lot
D) The warrantless inventory of the contents of a backpack belonging to a person taken into custody for driving while under the influence of alcohol

Question 32

_____________________ are conducted to ensure that individuals and businesses are conforming to agency regulations.

A) Administrative searches
B) Administrative inspections
C) Regulatory searches
D) Warranted inspections

Question 33

Matt owns an apartment building to which access is gained through a secured entryway. Matt has repeatedly refused to allow code inspectors into the building to examine that the electrical system is up to code. What options do the code inspectors have?

A) They can access the building only if they have verified information from a tenant that there are electrical issues in the building.
B) They can seek an administrative warrant based on the probable cause standard set for a criminal investigation.
C) They can seek an administrative warrant based on a modified probable cause standard set for administrative inspections.
D) They can forcibly enter the building without a warrant since Matt is not entitled to Fourth Amendment protections against administrative inspections.

Question 34

A border search is an example of a(n) _____________ search.

A) administrative
B) special-needs
C) special-exception
D) national security

Question 35

The U.S. Supreme Court has determined that, in certain circumstances, it is reasonable to conduct a search without reasonable suspicion. An example of this type of search is:

A) Non-routine border searches
B) Airport passengers
C) Physical searches of students' purses at school
D) Both a and c

Question 36

Some courts have held that the police are not required to knock and announce when serving a search warrant on a home if the door to the home is open.

Question 37

Police are not required to knock and announce when executing a search warrant on a home if they gain entrance to the home through a trick or misrepresentation.

Question 38

According to the U.S. Supreme Court, the knock and announce requirement is not required where it interferes with the enforcement of criminal law.

Question 39

Tom is placed under arrest and is taken to the county jail to be booked. At booking, the officer searches Tom and finds narcotics in Tom's jacket pocket. Tom is then arrested for possession of narcotics. Tom challenges the validity of his search, which the police justify as a search incident to an arrest. Tom's challenge will be successful.

Question 40

The search incident to arrest exception to the warrant requirement applies only to felonies, not to misdemeanors.

Question 41

Claims of the constitutionality of a pretext stop are rooted in the Fourteenth Amendment.

Question 42

In order for a consent search to be considered voluntary, the police officer must prove that he or she advised the individual of his or her right to refuse consent.

Question 43

When requesting consent to conduct a search of a person, the police officer must inform the person that he or she is free to leave before requesting consent to conduct a search.

Question 44

Once consent to search is granted, the individual may subsequently withdraw consent or limit the scope of the consent.

Question 45

Sam is married to Sandy, and they share a house. Sandy works from home and has a home office, which Sam does not have access to. The police arrive and ask Sam for permission to search the house, and Sam consents. The police can search all areas of the home including Sandy's office.

Question 46

The Carroll doctrine allows for the unwarranted search of a motor vehicle only when there is probable cause that the vehicle contains evidence related to criminal activity.

Question 47

Probable cause is required before the police can conduct an inventory search.

Question 48

The Court created a modified probable cause standard for an administrative warrant to search a house or apartment.

Question 49

Probable cause is required for a routine border search.

Question 50

Special-needs searches do not serve the ordinary needs of law enforcement.

Question 51

According to Chimel v. California, a warrantless search conducted under the search incident to arrest exception to the warrant requirement has three purposes. What are the three purposes?

Question 52

Explain how an individual might benefit from giving the police consent to search.

Question 53

What do the courts require in order for a person to effectively withdraw his or her consent to search?

Question 54

Explain why special-needs searches generally do not require a warrant or probable cause.

Question 55

Explain the rationale of the Court in establishing a bright-line rule that a custodial arrest for any offense gives rise to an officer's authority to conduct a search incident to an arrest. Do you agree with the Court's position? Why or why not?

Question 56

What rationale supports warrantless inventory searches? Do you agree with this practice? Why or why not?

Question 57

What rationale is relied on in determining that police officer shave no duty to inform a person that he or she can refuse to consent to a search? Do you agree with this practice? Why or why not?

Question 58

What issues were raised by the courts concerning the constitutionality of a search of a cellphone that is seized during a search incident to an arrest?