Deck 9: Consent Searches

Question 1

Which of the following suspects, who have given consent, would have the greatest difficulty in establishing that his consent was involuntary?

A) A 16 year old who has dropped out of school
B) A high school dropout who was intoxicated at the time of the consent
C) An injured driver who was medicated in the emergency room at the time of the consent
D) A college student who has taken a course in the law of criminal procedure.

Answer 1

D

Question 2

What is the main advantage of a consent search for law enforcement personnel?

A) it is more convenient than the warrant procedure.
B) it is not as much probable cause than is required in other searches.
C) it is easier to prove validity of consent than it is to prove other procedures.
D) consent can be obtained from persons other than the suspect.

Answer 2

A

Question 3

Officers arrested Wright for robbery and took him to the police station, but Wright refused to discuss the robbery. The next day, without a search warrant, an undercover officer went to his house and falsely introduced himself to Wright's wife as her husband's accomplice in the robbery and told her that he was there to collect his share. The woman admitted the officer and went into the bedroom where she retrieved half the money and gave it to the officer. How should the Court 'hold' the money?

A) the money is inadmissible because her consent was based on police deception.
B) the money is inadmissible because the wife lacks authority to consent for her husband.
C) the money is admissible because the wife's consent is voluntary.
D) the money is admissible because the police had probable cause to enter even without the consent of the wife.

Answer 3

C

Question 4

When is consent will generally be held to be involuntary?

A) the consenter is the subject of an investigative stop.
B) the consenter is under arrest.
C) the consenter is the subject of an illegal arrest.
D) the consenter is the subject of a full search.

Question 5

Which of the following statements is true?

A) In some situations consent obtained through threat of force may be deemed voluntarily given.
B) Police do not need to first tell a person that they are "free to go" before a consent can be deemed voluntarily given.
C) Voluntary consent to search must be given orally.
D) Voluntariness of consent is not affected by the physical, mental, or emotional condition and the intelligence or educational level of the person giving consent.

Question 6

Officers appear at a suspect's home (without a warrant) where the suspect's mother is the only resident present. The police officers ask if she will let them search the house for stolen property. She asks if she has to allow it and the officers answer in the affirmative. She consents. Select the appropriate description of the search.

A) valid because she voluntarily consented.
B) valid because she could have gotten a lawyer.
C) invalid because the consent is deemed involuntary.
D) invalid because the mother lacks authority to consent.

Question 7

When the prosecuting attorney attempts to introduce evidence obtained as a result of a consent to search into court evidence, which of the following does the court require?

A) the defense to prove beyond a reasonable doubt that the consent was involuntary.
B) the defense to prove that there is probable cause to doubt that the consent was involuntary.
C) the prosecutor to prove beyond a reasonable doubt that the consent was voluntary.
D) the prosecutor to prove by a preponderance of the evidence that the consent was voluntary.

Question 8

A suspect has been injured while resisting arrest. Select the best strategy below for officers to obtain a valid consent from the suspect?

A) Give him Miranda warnings.
B) Remove any restraints.
C) Just ask him, since the injuries were his fault and they have no bearing.
D) Advise him he does not have to consent.

Question 9

The officer tells a driver, stopped for a lawful traffic violation, that if he wants to he can attempt to repair a brake light to avoid a ticket. The driver opens the trunk and attempts a quick repair but in so doing exposes an illegal weapon in the trunk. The officer seizes the weapon and arrests the driver. At the suppression hearing, how is the court likely to 'hold' the search?

A) invalid because the driver failed to give affirmative consent to opening the trunk.
B) invalid because the officer failed to warn the driver that he did not have to open the trunk.
C) valid because the driver's actions indicate voluntariness.
D) valid because the driver was not under arrest.

Question 10

A home-owner refuses to give consent for a search. In response, the officer states that he will be back with a warrant to search within the hour, even though the officer has no probable cause to have a warrant issued. After hearing the statement, the homeowner allowed police to enter and search. The officers found evidence of crime. It is most likely that the evidence:

A) will be judged inadmissible because the statement from the officer concerning the warrant was not true at the time the statement was made.
B) will be judged inadmissible because the officer violated the rights of the resident just by asking permission to search.
C) will be ruled admissible because the consent was not obtained through force or threat of force.
D) will be ruled admissible because the officer had enough evidence establishing reasonable suspicion to obtain a warrant.

Question 11

Officers arrested Wright for robbery and took him to the police station, but Wright refused to discuss the robbery. The next day, officers, without a search warrant, went to Wright's residence where they falsely told Wright's wife that he had admitted the crime and had sent police for the "stuff." The frightened and upset woman admitted the officers to the apartment and led them to money taken in the robbery. How should the Court 'hold' the money?

A) admissible because the wife voluntarily consented.
B) admissible because the wife is a witness.
C) inadmissible because the wife lacked authority to consent.
D) inadmissible because the wife's consent is deemed involuntary.

Question 12

The essential ingredient for valid consent to search is _____.

A) reasonableness
B) reasonable suspicion
C) probable cause
D) voluntariness

Question 13

To establish that consent was valid, the prosecutor must show

A) only that the consenter had authority.
B) that the consenter had authority and gave consent voluntarily.
C) that the consenter had authority, gave consent voluntarily, and was informed by police of his right to refuse consent.
D) that probable cause existed regardless of the consent.

Question 14

The rule of law from Schneckloth v. Bustamonte (1973) is that knowledge of the right to refuse consent is _________.

A) essential to voluntary consent to search.
B) the most important factor in voluntariness of consent.
C) only one factor in voluntariness of consent.
D) unimportant in voluntariness of consent.

Question 15

The police respond to a disorderly conduct call. Upon arriving at the residence, the owner invited the police into the residence. Given the circumstance, select the true statement.

A) The officer(s) is/are free to enter the residence, but cannot search or seize items under any circumstances.
B) The officer(s) is/are free to enter the residence and can seize items in plain view, but cannot search for items.
C) The officer(s) cannot enter the residence.
D) The officer(s) can enter the residence and can search the room they enter into, but no other rooms in the house.

Question 16

A police officer asks a woman who answered her door, "do you keep any weapons in the house?" The woman replied, "yes" and proceeded to bring the weapons to the officer. The weapons were illegal and the officer used the weapons as the basis for an arrest. Select the most accurate statement describing this incident.

A) there was no search or seizure, therefore the evidence is admissible in court.
B) there was no search or seizure, therefore the evidence is inadmissible in court.
C) this is a seizure, but not a search and the evidence is admissible in court.
D) the evidence will be inadmissible because there was no consent to search.

Question 17

A police officer has reasonable suspicion to believe a man approaching his car is involved in criminal activity and is armed. The officer draws his gun and has the man to stop about 15 feet from the man's car. The officer conducts a quick pat-down search of the man's outer clothing and finds nothing. With his gun still out of its holster, the officer asks the man for consent to search the car. The man consents. how will the court most likely deem the search?

A) validate the search because the man provided valid consent.
B) validate the search owing to exigent circumstances.
C) invalidate the search as non-consensual.
D) invalidate the search because the man has no authority to provide consent.

Question 18

What test do courts use to determine voluntariness?

A) prima facie
B) Gates
C) totality of circumstances
D) good faith

Question 19

An officer, gun drawn, pursues a suspect on foot and catches up to him just as he is about to enter his residence. Following a pat down that revealed no weapons, the officer placed his firearm back in its holster then asked for and was granted permission to enter the residence for the purpose of conducting a search of the home for weapons. The officer discovered illegal weapons in the home. The search will most likely be:

A) ruled legal and the gun evidence admitted into the record.
B) ruled legal only if the offender is judged to have been under formal legal arrest at the time of consent.
C) ruled illegal because the officer had no probable cause to enter and search.
D) ruled illegal because during the initial detention of the suspect the officer had his gun firearm drawn.

Question 20

An officer is granted authority by the occupant to search an apartment unit. The occupant informed the officer that she doesn't own certain boxes and luggage lined up against the wall. Given the circumstance, select the true statement.

A) The police cannot search the boxes or luggage because they are not considered part of the residence.
B) The police are free to search anything in the apartment because consent to a general search cannot be rescinded.
C) The police cannot search the luggage or boxes because there has been an implied limitation placed on the scope of the consensual search.
D) The police can search the luggage or boxes because the occupant didn't explicitly inform the police that (s)he was placing a limitation on the scope of the search.

Question 21

A person may specifically authorize another individual to consent to a search of the person's property.

Question 22

Evasive or uncooperative conduct on the part of the person in custody is considered to indicate that the consent is not voluntary.

Question 23

Consent to look around in the trunk of the car for stolen coins amounts to consent to search any containers in the trunk as well.

Question 24

A high school principal summons the police to be present when the locker of one of the students is opened. The student was suspended for stealing from other students and the principal wants to see if there is any stolen property in the locker. How should the officer advise the principal?

A) to get permission from the student before opening it.
B) to get consent from the student's parent's.
C) to open the locker immediately, because no consent is needed.
D) to open the locker only if the principal has probable cause.

Question 25

A person voluntarily consenting to a search may later contest the search on constitutional grounds, even though consent was given.

Question 26

In a consent search situation, the citizen consenting can tell the police not to go into a certain room, and the police must comply.

Question 27

Officers knock on a door of an apartment being rented by a male suspect. A female opens the door and the officers ask her if the suspect is home. She says "Not right now," but the officers don't believe her and want permission to enter and look for themselves. They have no warrant or other justification. What should the officer's do first?

A) ask her if she will consent to their search.
B) ask her if she lives there.
C) ask her to step out of the apartment, since there might be trouble.
D) ask her when he will return, since she can't give permission.

Question 28

Without a signed consent form, the validity of the search is easily challenged.

Question 29

Who is the only person able to give a valid consent to search?

A) the person who is being accused of the crime.
B) the person who owns the property to be searched.
C) the person whose privacy will be invaded.
D) the person whose property is involved.

Question 30

Consent given based on a false belief that an officer has a right to search is still considered voluntary consent.

Question 31

Campus police at a state college have facts leading them to believe that a college student has marijuana in her shared dorm room. They want to search her room without a warrant. What legal options do the officers' have?

A) they may search it with permission of the president.
B) they may search all areas of the room with permission of her roommate.
C) they may search it without anyone's permission.
D) they must obtain the suspect's permission.

Question 32

If a motorist is too intoxicated to drive, they are automatically too intoxicated to give valid consent.

Question 33

An employer may consent to a search of any part of the employer's premises over which the employer has exclusive control, but may not consent to a search of an area that the employer has joint authority and control together with a particular employee.

Question 34

An officer receives permission from the resident of an apartment to "walk around". This permission allows the officer to:

A) search anyone found on the premises.
B) search the home owner.
C) seize items in the plain view of the officer.
D) seize property owned by others but stored on the premises.

Question 35

The prosecutor attempting to introduce into court evidence obtained as a result of a consent search must show beyond a reasonable doubt that the consent was voluntary.

Question 36

A landlord has _______________ to consent to a search of a tenant's premises or a seizure of the tenant's property during the period of the tenancy.

A) no implied actual or apparent authority
B) implied actual, but not implied apparent authority
C) implied apparent, but not implied actual authority
D) both implied actual and apparent authority

Question 37

An officer responds to a domestic disturbance call at a residence where college students are throwing a party and is granted permission to enter and "walk around". Given the circumstance, select the true statement.

A) The officer may legally walk into rooms, open closet doors, open containers, and desk drawers.
B) The renter of the residence can have the officer stop walking around and leave at any point by stating "I don't know if I should have agreed to allow this".
C) The renter of the residence can have the officer stop walking around and leave at any point by stating "I would like for you to leave now".
D) The officer may legally walk into rooms, open closet doors, open containers, and desk drawers, but may not enter the basement or attic areas to search.

Question 38

Officers knock on an apartment door looking for a male suspect. A female opens the door and the officers learn from her that the suspect is not present and that she is his live-in girlfriend. The officers want valid consent to search. What legal options do the officers' have?

A) they must wait till the suspect returns and ask him.
B) they may obtain consent from the girl only if she pays at least part of the rent.
C) they may, without further inquiry, obtain consent from the girl.
D) they may ask the apartment manager.

Question 39

The police arrive at the residence of two roommates. The police do not have a warrant, nor do they have probable cause. One roommate gives consent to enter and search, but the other roommate does not consent, and in fact, tells the police that they may not enter the residence. What legal options do the officers' have?

A) they can enter the residence and search all areas where firearms and drugs may be stored.
B) they can enter the residence and search only Joe's living quarters and common areas in which firearms and drugs may be stored.
C) they can enter the residence and seize only items in plain view, but may not search.
D) they cannot enter the residence to search.

Question 40

Officers have stopped a motorist and recognize him from a previous drug arrest. They ask and he consents to a search of the car. Just as an officer is about to reach under the passenger seat the suspect says, "Stop. I've changed my mind. No more search." Given the circumstance, what legal course of action do the officers' have?

A) now have probable cause and may continue the search.
B) must stop the search and let the driver go but may impound the car.
C) may arrest the driver and justify the search under Belton.
D) must stop the search and not use the withdrawal of consent as an excuse to detain him further.

Question 41

The person giving the authority to search is called the _______; the person acting for the _______ is called his or her ________.

Question 42

Summarize the Schneckloth rule concerning voluntary consent searches.

Question 43

Explain the limitations on consent to search that pertain to the expressed object of the search.

Question 44

Provide at least two situations where a third-party may give consent to search property even though they are not the person against whose interest the search is being conducted.

Question 45

In the __________ ruling, the U.S. Supreme Court adopted the view in which knowledge of the right to refuse consent constitutes one factor among others in the overall determination of voluntary consent.

Question 46

A person giving police the authority to search by consenting to the request to search may limit the scope of the search to particular areas or items. When the citizen consents to a search in this way it is called a __________ grant of consent.

Question 47

The authority that justifies third-party consent to search based on mutual use of the property by those who have joint access or control for most purposes is called __________.

Question 48

If police state that they will obtain a warrant if consent is withheld and they know they have insufficient grounds to obtain the warrant, the consent will be considered __________.

Question 49

What is meant by "common authority." Provide examples.

Question 50

Compare and contrast the authority of parents to grant consent to search their child's property and a child's authority to grant consent to search a parent's residence.

Question 51

Courts use the __________ test to determine voluntariness.

Question 52

A person's consent to an officer's request to enter his or her residence __________ grant the officer a right to search.

Question 53

Define what is meant by a "bailee" and when he/she may be able to give legal consent for a search of property.

Question 54

A person with __________ over property has the legal capacity to grant consent to search the property over which they have access or control.

Question 55

A __________ is a person in possession of someone else's personal property with the lawful permission of the rightful owner.

Question 56

Can a person who is intoxicated give consent to search his/her property? Why or why or why not?

Question 57

Under what circumstances can a hotel manager give consent to search a room occupied by a guest or previously occupied by a guest? Illustrate by example.

Question 58

Describe the required circumstances that must be present in determining whether or not a consent search is truly voluntary?

Question 59

If police state truthfully that they will obtain a warrant if consent is withheld, the consent is considered _________.

Question 60

What are the benefits of a consent search to the law enforcement officer? The person being searched?