Deck 5: Seizure of Things

Question 1

"The right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures …" This is established in the ________ Amendment.

A) First
B) Fourth
C) Fifth
D) Sixth

Answer 1

Fourth

Question 2

What are the four general categories into which items subject to police seizures fall?

A) Contraband, fruits of the crime, instrumentalities of a crime, and "mere evidence" of a crime
B) Contraband, fruits of the crime, instrumentalities of a crime, and admissible evidence
C) Contraband, fruits of the crime, instrumentalities of a crime, and illegal evidence
D) Contraband, fruits of the crime, instrumentalities of a crime, and important evidence

Answer 2

Contraband, fruits of the crime, instrumentalities of a crime, and "mere evidence" of a crime

Question 3

From the following, which type of items best describe "contraband"?

A) Clothing containing bloodstains
B) Stolen goods
C) Drugs and counterfeit money
D) Robbery tools

Answer 3

Drugs and counterfeit money

Question 4

From the following, which type of items best describe "fruits of the crime"?

A) Clothing containing bloodstains
B) Stolen goods
C) Drugs and counterfeit money
D) Robbery tools

Question 5

From the following, which type of items best describe "instrumentalities of a crime"?

A) Clothing containing bloodstains
B) Stolen goods
C) Drugs and counterfeit money
D) Robbery tools

Question 6

What is the justification required for the seizure of items by the police?

A) Mere suspicion
B) Reasonable suspicion
C) Probable cause
D) A hunch

Question 7

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

A) Seizure
B) Police detention
C) Arrest
D) Investigatory stop

Question 8

The seizure of "real or physical" evidence does not violate Fifth Amendment guarantees as this only applies to ________ evidence.

A) Admissible
B) Inadmissible
C) Testimonial
D) Nontestimonial

Question 9

Which of the following cases best illustrates the "evanescent evidence" exception to the warrant requirement?

A) Cupp v. Murphy
B) Winston v. Lee
C) Schmerber v. California
D) Maryland v. King

Question 10

In City of West Covina v. Perkins, the Court held that the ________ does not require the police to provide the owner of property seized with notice of remedies specified by state law for the property's return and the information necessary to invoke those procedures.

A) Fair procedures clause
B) Due process clause
C) Fourth Amendment
D) Equal protection clause

Question 11

A search warrant that does not contain a particular description of the things to be seized is ________.

A) "Plainly valid"
B) Constitutional
C) Unconstitutional
D) Irrelevant

Question 12

Refusal of a BAC blood test can result in:

A) Civil punishment
B) Criminal punishment
C) Judicial penalties
D) Detention

Question 13

Drawing blood from a suspect without his or her consent does not violate any constitutional rights, even if this is done without any medically accepted procedures.

Question 14

The police may make a warrantless seizure of evidence that is likely to disappear before a warrant can be obtained.

Question 15

Compelled surgical intrusions into an individual's body may be of such a magnitude that the intrusion is unreasonable even if it may produce evidence of a crime.

Question 16

There are no limits to what the government can do in an effort to solve a crime.

Question 17

A search warrant that does not particularly describe the persons or things to be seized, but has those in the application that was filed with the judge, does not violate the Fourth Amendment.

Question 18

Detaining occupants of the premises in handcuffs for a certain period of time while executing a search warrant does not by itself violate the Fourth Amendment prohibition against unreasonable searches and seizures.

Question 19

Generally, there is a warrant requirement to conduct blood tests in DWI cases.

Question 20

DNA samples collected as part of a routing booking procedure should be kept for 20 years, even if the suspect is not convicted for the alleged crime.

Question 21

Under certain conditions, officers may take and analyze a cheek swab of a lawfully arrested person as a part of booking procedures.

Question 22

A person cannot be criminally punished for refusal of a BAC breath test.