Deck 6: Searches in General

Question 1

A(n) ________ is defined as the exploration or examination of an individual's house, premises, or person, to discover things or items that may be used by the government for evidence in a criminal prosecution.

A) Investigatory stop
B) Search
C) Seizure
D) Exploration

Answer 1

Search

Question 2

Which of the following is not a basic requirements for a search warrant to be valid?

A) Supporting oath or affirmation
B) Probable cause
C) Particular description of the place to be searched and the things to be seized
D) Signature of the prosecutor

Answer 2

Signature of the prosecutor

Question 3

A warrant is valid only if issued by a neutral and detached ________.

A) Magistrate
B) Police officer
C) Court clerk
D) Prosecutor

Answer 3

Magistrate

Question 4

In ________, the Supreme Court held that an arrest warrant does not authorize entry into another person's residence where the suspect may be found.

A) Maryland v. Garrison
B) Hudson v. Michigan
C) Steagald v. United States
D) Nix v. Williams

Question 5

Under what exception(s) may the police enter a third person's home without a search warrant?

A) "Exigent circumstances"
B) Consent of the third person
C) Both of the above
D) None of the above

Question 6

The ________ does not prohibit a warrantless search and seizure of trash left for collection in an area accessible to the public.

A) Fourth Amendment
B) Sixth Amendment
C) Due process clause
D) Eighth Amendment

Question 7

The Fourth Amendment requires officers to knock and announce before entering a dwelling unless there are ________ circumstances.

A) Special
B) Exigent
C) Exclusive
D) Exclusionary

Question 8

The no-knock entry is reasonable if officers have ________ that obeying the knock-and-announce rule would be dangerous or futile or would hamper effective investigation.

A) Reasonable suspicion
B) Some suspicion
C) A hunch
D) Exclusionary evidence

Question 9

The ________ concerns the ability of law enforcement officials to make searches within the guidelines of the Fourth Amendment.

A) Expectation of freedom
B) Expectation of privacy
C) Limitations of power
D) Sovereignty exception

Question 10

Which of the following case law decisions is the most significant for probationers and parolees?

A) Minnesota v. Carter
B) United States v. Grubbs
C) United States v. Ramirez
D) United States v. Knights

Question 11

As decided in United States v. Banks, after knocking and announcing their presence and intention to search, how long do police officers have to wait before forcing entry into a home to execute a search warrant for drugs?

A) Police officers do not have to wait as long as they knock and announce their presence
B) 15-20 seconds
C) 1 minute
D) 5 minutes

Question 12

A(n) ________ warrant is a warrant issued based upon an affidavit showing probable cause that at some future time such evidence of crime will be found at a certain place.

A) Anticipatory
B) Protective
C) Preventive
D) Admissible

Question 13

In Hudson v. Michigan, the Court held the purpose of the "knock-and-announce" rule was to:

A) Prevent violence, property damage, and impositions on privacy
B) Prevent the police from conducting a search for which they had a valid warrant
C) Encourage the police to be polite and courteous to the public
D) Aid the police in gathering valuable evidence

Question 14

The Court recognizes that searches and seizures inside a home without a warrant are presumptively unreasonable unless an exigency exists. Which of the following is not an exigency recognized by the Court?

A) The need to collect valuable evidence
B) The need to make prompt arrests
C) The need to prevent the imminent destruction of evidence
D) The need to arrest suspects

Question 15

A search is different from a seizure, although both are governed by the same rules.

Question 16

A search is limited to homes, buildings, apartments, or other enclosed places.

Question 17

If the search yields items that may lawfully be seized, then a seizure takes place.

Question 18

Most seizures are made with a warrant.

Question 19

Searches of places belonging to third parties are permissible as long as reasonable suspicion exists to believe that evidence of someone's guilt or other items subject to seizure will be found.

Question 20

A warrant must be obtained for crime scene investigations that do not create exigent circumstances, regardless of the seriousness of the offense.

Question 21

A warrant that is overbroad in describing the place to be searched, but is based on a reasonable, although mistaken, belief of the officer, is valid.

Question 22

The Fourth Amendment does not permit a blanket exception to the knock-and-announce requirement when executing a felony drug warrant.

Question 23

The Fourth Amendment prohibits police officers from conducting a search of a parolee without suspicion.