Deck 7: Search and Seizure Without a Warrant

Question 1

A warrantless search can be made incident to _____________.

A) any arrest
B) a lawful arrest
C) an arrest based upon reasonable suspicion
D) no arrest

Answer 1

B

Question 2

An officer wants to institute a search incident to an arrest. The search must occur _______________.

A) within 24 hours
B) within 48 hours
C) contemporaneously with the arrest
D) immediately after the arrest with no exceptions

Answer 2

C

Question 3

An officer arrests an offender. The officer can search the _____________.

A) person arrested
B) arrestee's clothing
C) entire premise where the arrest occurred
D) both a and b

Answer 3

D

Question 4

A(n) _______________ is the voluntary consent of an individual to forgo his or her constitutional rights in a specific circumstance.

A) rights removal
B) waiver
C) abrogation
D) termination of rights

Question 5

An individual consents to a search of a vehicle. The individual states that the officer can search only the trunk. The officer can then legally search the _____________.

A) passenger compartment
B) engine compartment
C) trunk
D) all of the above

Question 6

Warrantless searches of motor vehicles are governed by standard of _____________.

A) probable cause
B) mobile suspicion
C) reasonable suspicion
D) expected destruction

Question 7

An officer stops a vehicle to issue a citation. That officer can institute a search _____________.

A) automatically
B) if the officer is reasonably suspicious
C) if probable cause develops
D) if the driver seems suspicious

Question 8

In which case did the U.S. Supreme Court rule that the temporary detention of a vehicle for a traffic violation is not unreasonable, even if a reasonable officer would not have stopped the vehicle without more?

A) Arizona v. Gant
B) Chimel v. California
C) New York v. Belton
D) Wren v. U.S.

Question 9

A(n) __________________ is an exception to the rule that searches without a warrant are per se unreasonable.

A) unusual happening
B) pressing need
C) exigent circumstance
D) exculpatory ruling

Question 10

An officer performs a traffic stop. As she approaches the vehicle, she notices an illegal handgun sitting in the passenger seat of the vehicle. The officer seizes the evidence. This evidence was __________________.

A) illegally seized
B) a product of an unconstitutional search
C) in plain view
D) both a and b

Question 11

A(n) ______________ is an area that is not protected by the Fourth Amendment. This property is not a house or curtilage.

A) yard
B) porch
C) toolshed in a yard
D) open field

Question 12

Terry v. Ohio provided the rationale that led to the practice of __________________.

A) warrantless arrests
B) stop-and-frisks
C) inventory searches
D) open field searches

Question 13

Consent to search can be given by:

A) a spouse residing in the home who is present when the search is requested
B) an adult child residing in the home who has authority and who is present when the search is requested
C) a roommate residing in the home who is present when the search is requested
D) all of the above

Question 14

The search of baggage and passengers at an airport is considered ______________.

A) constitutional
B) unconstitutional
C) illegal
D) reasonably suspicious

Question 15

A firearms dealer, gun store, or liquor store is an example of a _______________.

A) pervasively regulated business
B) constitutionally protected business
C) dwelling
D) Curtilage

Question 16

One of the rationales for allowing warrantless searches incident to a lawful arrest is that these searches protect the arresting officer.

Question 17

An officer can arrest an individual for the sole purpose of performing a search.

Question 18

An officer lawfully arrests an individual at his home. The officer then transports the individual to a jail. The officer returns in two weeks to search the home because it was the setting of the arrest. The officer searches the whole home. This search was not legal or constitutional.

Question 19

An officer lawfully arrests a driver of a car. The officer searches the driver's person as well as the area immediately within reach of the driver of the car. This search was not legal or constitutional.

Question 20

An officer can perform a search incident to an arrest for any crime no matter how serious or trivial.

Question 21

An officer can coerce consent or a waiver in order to perform a search.

Question 22

An officer asks an individual if he can search the individual's apartment. The individual consents to the search but only gives the officer permission to search the kitchen of the apartment. The officer searches the kitchen. The search was lawful and constitutional.

Question 23

No other individual can give consent for a search except for the person who owns a property.

Question 24

if a person leaves an article in another's home or in another's care, the person who has custody of such article may consent to the search of that article.

Question 25

An officer cannot automatically search a vehicle when performing a traffic stop.

Question 26

An officer need not "know" that certain items are contraband or incident to the crime before a seizure is justified under the plain view approach.

Question 27

An officer is patrolling a neighborhood. As the officer drives past a yard, she can see a methamphetamine lab. The officer then seizes the lab. This search and seizure was lawful because of the doctrine of plain view.

Question 28

An officer wishes to perform a search on a backyard of a house. The officer enters into the backyard without a warrant and performs the search. The search was legal and constitutional.

Question 29

A backyard adjacent to a house is an example of an open field.

Question 30

A private individual acting upon his or her own authority is not bound by Fourth Amendment considerations when performing a search.