Deck 4: Searches: General

Question 1

What is the definition of a search?

A) the exploration or examination of an individual's property or person to be used in a criminal prosecution.
B) the taking of a person or property for the use in a criminal prosecution.
C) a writ by a judge or magistrate ordering the arrest of a person.
D) none of the above.

Answer 1

A

Question 2

The 4^th Amendment requires searches to be authorized by a __________________.

A) police officer
B) prosecutor
C) attorney general
D) magistrate

Answer 2

D

Question 3

For a search warrant to be issued, it must meet ___ criteria.

A) 2
B) 3
C) 4
D) 5

Answer 3

C

Question 4

For a magistrate to be considered neutral and detached, he must

A) be connected to the investigation.
B) have interest in the outcome of the case.
C) be able to be make an independent judgment that probable cause exists.
D) none of the above.

Question 5

In Coolidge v. New Hampshire, the Supreme Court decided that

A) a warrant issued by a state attorney general was not acceptable.
B) an arrest warrant did not equal a search warrant.
C) pumping a suspects stomach was illegal.
D) a search warrant must provide enough information to identify the place to be searched.

Question 6

What occurred in Rochin v. California?

A) a suspects stomach was pumped for evidence.
B) a state attorney general issued a search warrant.
C) a suspect was shot fleeing from the scene.
D) officers entered the home of a third party without a warrant.

Question 7

If a warrant is not acted upon in a timely manner, it becomes _________.

A) old
B) outdated
C) ripe
D) stale

Question 8

In most jurisdictions, a(n) ______________ must be executed within 30 to 60 days.

A) warrant
B) due process
C) probable cause
D) arrest

Question 9

______________________________ was/were debated in Wilson v. Arkansas.

A) exigent circumstances
B) knock-and-announce rule
C) probable cause
D) none of the above

Question 10

What occurred in Richards v. Wisconsin?

A) the Court declared there was not a blanket exception to the knock-and-announce rule.
B) the Court stated that officers must knock and announce their presence before entering.
C) pumping a suspects stomach was declared in violation of the 14^th Amendment.
D) a state attorney general was deemed ineligible to issue a warrant because of their interest in the case.

Question 11

The Supreme Court stated that the knock-and-announce rule is validated by which amendment?

A) 2^nd
B) 8^th
C) 4^th
D) 14^th

Question 12

What occurred in Steagald v. United States?

A) a suspects stomach was pumped.
B) the knock-and-announce rules was enforced.
C) the state attorney general was deemed ineligible to issue a search warrant.
D) the Court stated that an arrest warrant did not allow for the arrest of the individual in a third parties home.

Question 13

What is an exception to obtaining a search warrant?

A) due process
B) probable cause
C) exigent circumstances
D) none of the above

Question 14

Which of the following is a rule governing searches?

A) Do not look for an elephant in a breadbox.
B) Do not look for a fish in a breadbox.
C) Do not look for a zebra in a breadbox.
D) Do not look for bread in a breadbox.

Question 15

Which of the following is a requirement of a warrant?

A) exigent circumstances
B) consent
C) particularity
D) none of the above

Question 16

The 4^th Amendment does not include the search and seizure of papers.

Question 17

Protections of privacy can apply in public places.

Question 18

A search warrant must always take place during the day.

Question 19

An officer may not enter the home of a third party to arrest a suspect unless the officer has a search warrant for that home.

Question 20

Wilson v. Arkansas held that officers are required to "knock-and-announce."