Deck 8: Searches With Consent

Question 1

To be valid, consent must be voluntary and intelligent, based on ________.

A) Mitigating circumstances
B) External circumstances
C) Internal circumstances
D) Totality of circumstances

Answer 1

Totality of circumstances

Question 2

________ means the consent was not forced or coerced; ________ means the person giving consent must know what he or she is doing.

A) Voluntary/intelligent
B) Intelligent/voluntary
C) Independent/reasonable
D) Reasonable/independent

Answer 2

Voluntary/intelligent

Question 3

Consent obtained by deception through a claim of lawful authority, which did not in fact exist, is ________.

A) Voluntary
B) No voluntary
C) Intelligent
D) No intelligent

Answer 3

No voluntary

Question 4

In ________, the Court held that knowledge of the right to refuse consent is not a prerequisite for voluntary consent.

A) Bumper v. North Carolina
B) Stoner v. California
C) Chimel v. California
D) Schneckcloth v. Bustamonte

Question 5

In Illinois v. Rodriguez, the Court held that searches in which the person giving consent has ________ authority are valid.

A) Plain
B) Apparent
C) Actual
D) Mere

Question 6

The ________ rule says that consent given by a third party whom the police reasonably believe to possess common authority over the premises is valid even if it is later established that the person did not in fact have that authority.

A) "Plain authority"
B) "Apparent authority"
C) "Actual authority"
D) "Mere authority"

Question 7

Which case law establishes that consent for the police to search a vehicle also extends to closed containers found inside the vehicle?

A) Florida v. Royer
B) Georgia v. Randolph
C) Florida v. Jimeno
D) Carroll v. United States

Question 8

Consent is an exception to the Fourth Amendment rule requiring ________ and ________ in search and seizure cases.

A) Probable cause/a warrant
B) Probable cause/permission
C) Reasonable suspicion/a warrant
D) Reasonable suspicion/permission

Question 9

Which of the following types of consent to search are valid, if voluntary and intelligent?

A) Consent given by a business employee
B) Consent given by a college or university administrator
C) Consent given by a husband or wife
D) Consent given by a landlord

Question 10

In ________, the Court held that a warrantless search of a shared dwelling over the express refusal of consent by a physically present resident violates the Fourth Amendment.

A) Georgia v. Randolph
B) Florida v. Jimeno
C) Florida v. Royer
D) Kent v. United States

Question 11

Mere silence or failure to object to a search does not necessarily indicate valid consent.

Question 12

Written consent is constitutionally required.

Question 13

A hotel guest is not entitled to protection against unreasonable searches and seizures.

Question 14

Consent given after an illegal act by the police is not valid because such consent is tainted.

Question 15

Consent to enter a dwelling means consent to search.

Question 16

The scope of an allowable search depends on the type of consent given.

Question 17

The lawful occupant of a house or apartment may consent to a search if the other occupant is not present or was removed on objectively reasonable grounds.

Question 18

Consent search given a hotel clerk would be considered valid.