Deck 10: Search and Seizure: Exceptions to the Warrant Requirement

Question 1

Suspicionless drug searches of high school students are permitted if there is evidence of an existing drug problem in the school.

Answer 1

False

Question 2

Officer Bob knocked on your door late on Saturday night,told you they are investigating a kidnapping,and asked if he may come in to talk and "look around." You hesitated a moment but when Officer Bob stated that he hates to use the warrant because it will seem like you are being uncooperative and judges hate defendants who do not cooperate,you agreed to let him enter.While he was talking to you,Officer Bob casually opened the desk in your living room and found a two-ounce bag of marijuana.Officer Bob seized the drugs and arrested you for possession.The search and seizure described will withstand judicial scrutiny under the consent exception to the warrant requirement.

Answer 2

True

Question 3

A search by a private citizen may be considered state action if done with the knowledge and for the purpose of the government.

Answer 3

True

Question 4

Bert is having dinner with his associates in a private room at a local steakhouse.The room has doors that close it off to the general public.Bert had asked that once dinner was served that the doors be closed and that the wait staff not enter the room until summoned by Bert.These instructions are followed just as Bert requested and once dinner is served and the staff has left,Bert and his associates begin to discuss their human trafficking business.In the middle of the conversation,another patron,Karen,mistakenly opens the door looking for a group she is joining for dinner.Karen hastily withdraws,but as she did she heard one of Bert's associates how much they can expect to profit from the sale of each child.Karen is shocked and calls the police.The subsequent investigation yields sufficient evidence to arrest and charge Bert and his associates.Prior to trial,Bert's attorney challenges the use of Karen's statement at trial claiming that Bert had a reasonable expectation of privacy which was violated when Karen opened the door and overheard the conversation.The judge will find in favor of Bert as Karen's action and subsequent statements violate Bert's Fourth Amendment rights.

Question 5

A stop and frisk is not an arrest.

Question 6

In a search incident to a lawful arrest,the officers may search only the defendant's person and nothing else.

Question 7

If your roommate answers the door one day to find the police asking to search the home you share,your roommate cannot give permission for the police to search the home unless you agree.

Question 8

California v.Acevedo declared highway sobriety checkpoints constitutional.

Question 9

A search incident to arrest involving a vehicle extends to the entire passenger area and closed containers in it.

Question 10

One of the reasons given for the inventory search exception to the warrant requirement is that the police need to be protected from damage claims that might be brought by the owner of the impounded vehicle.

Question 11

The scope of a "Terry" type search is to enable the officers to look for weapons on the detainee and thus protect themselves and others in the area.

Question 12

A vehicle is not subject to search incidental to arrest if the arrested driver was not in the car when the officer first made contact.

Question 13

A search incident to arrest is limited to the area within the immediate grasp of the arrestee.

Question 14

A warrant to inspect a building for regulatory compliance does not require probable cause.

Question 15

If there is a possibility that evidence is or will be destroyed by the suspect,the courts will not require the police to get a search warrant,but will use the exception to the warrant requirement known as the evanescent evidence exception.

Question 16

In effecting a border search,the officers involved do not have to have probable cause to search your vehicle or belonging as they are given the authority by the federal government based on concerns of national security,the war on drugs,and immigration laws.

Question 17

The "stop and frisk" exception to the search warrant requirement is based on the Supreme Court holding that this police activity is not a search and seizure and falls outside the scope of the Fourth Amendment.

Question 18

A warrantless search may be made incident to a traffic citation.

Question 19

If the police are on the premises in response to an emergency call,they may seize contraband that is in plain view during the course of their emergency response.

Question 20

Evanescent evidence is not subject to warrant because its use at trial is unlikely.

Question 21

A search incident to an arrest can be done with which type of arrest?

A)an arrest made to protect police officers
B)an arrest made to prevent the destruction of evidence
C)any lawful arrest
D)an arrest involving a serious offense

Question 22

The ___________________ ______________________ _____________ exception to the warrant requirement recognizes that police have a legitimate function to protect the safety of the community that goes beyond criminal investigation.

Question 23

For consent to search to be valid,it must be

A)by the owner of the property
B)accompanied by a warrant
C)voluntary
D)given after informed of the right to refuse

Question 24

Under most circumstances,when an arresting officer has probable cause to believe a crime has been committed in the officer's presence

A)the officer then obtains an arrest warrant
B)the officer then obtains a search warrant
C)the arrest may be challenged for lack of a warrant
D)no further inquiry into the reasonableness of the arrest is required

Question 25

A ____________________ is an individual who is entrusted with the property of another for safekeeping or transport but cannot give permission for a warrantless search of that property.

Question 26

A prerequisite to a legal plain-view search is

A)that the police keep the contraband in sight at all times
B)the item is discovered inadvertently
C)the criminal character is not apparent
D)no special technology was used in the search

Question 27

Hot pursuit

A)limits searches to plain view
B)allows searches within dwellings anywhere the suspect is likely to be found
C)is not an exception to the warrant requirement
D)allows warrantless searches in open areas but not in dwellings

Question 28

According to Minnesota v.Dickerson (1993),if a patdown reveals identifiable contraband it may

A)not be seized
B)be seized only with a warrant
C)be seized on the spot
D)be seized only if it was in plain view

Question 29

For a "plain feel" Terry search to be lawful,the contraband must be

A)drugs
B)guns
C)immediately identifiable as contraband
D)extensively handled by police officers to ensure accuracy

Question 30

Exceptions to the search warrant requirement are based on strong justification and have been created by

A)presidential proclamation
B)judicial decision
C)statutory law
D)administrative rules

Question 31

School officials need _______________ __________________ to justify the search of the personal effects of a student.

Question 32

A warrant is necessary for arrest

A)when there is no probable cause
B)when police must go to a dwelling to make the arrest
C)for all felonies
D)whenever a person is detained by police

Question 33

In order to validly consent to a search,that consent must be ________________________.

Question 34

Warrantless searches of vehicles are generally allowed because

A)there is a reduced expectation of privacy
B)cars are often used in the commission of crimes
C)car interiors are always within the grasp of the arrestee
D)car interiors are always in plain view

Question 35

A search incident to an arrest must be done

A)contemporaneously with the arrest
B)any time after the lawful arrest
C)while the arrestee is still on the premises
D)within 24 hours of the arrest

Question 36

Traffic roadblocks have not been allowed for

A)border control
B)general crime control
C)traffic safety
D)citizen assistance

Question 37

Sergeant Wilson was patrolling a local neighborhood when he observed two individuals standing by the doorway of a closed dry cleaning shop.The doorway was shadowed,but Wilson knew one of the men had been questioned regarding a local drug deal and knew that a lot of drug dealing occurred in that neighborhood.After a few minutes of observation,Wilson saw one man hand something to the other.Wilson then approached the two men,spoke to them,and approached them to have a conversation.One of them men turned and walked away quickly,but Wilson placed a hand on the other to detain him.Wilson then patted the man down,felt a hard object in the pocket of the man's jacket and pulled out a weapon.The man did not have documentation or licensure for the weapon and was arrested on a concealed weapons charge.The officer's pat-down was based on _________________________ and will be upheld in court if challenged.

A)reasonable suspicion
B)probable cause
C)clear and convincing evidence
D)prior experience

Question 38

An arrest occurs when

A)an officer states "you are under arrest"
B)an officer turns on the squad car lightbar
C)an officer restricts a person's freedom of movement
D)an officer subjects a person to authority of that officer
E)both a and d
F)both c and d

Question 39

The ________________________ ____________________ doctrine allows evidence to be admitted at trial despite an illegal search or other illegal police activity,if that evidence would ultimately have been discovered anyway.

Question 40

A person arrested without warrant must be brought before a magistrate

A)to determine probable cause for detention
B)to issue a post-arrest warrant
C)within 4-8 days
D)within 10 days

Question 41

Please write a paragraph defining the plain-view exception to the warrant requirement which includes the three factors that make this exception applicable.

Question 42

What is the motor vehicle exception,why does it exist,what type of vehicles are included in this exception,and what justification must a police officer have to make such a search?

Question 43

Police are told by a reliable local informant that he purchased crack cocaine from X over a period of one week at a travel home parked at campsite six at the Joy Campground.Without a warrant,the police go directly to the campsite,enter the motor home,and seize cocaine.Is the cocaine admissible? What are the issues?

Question 44

A police officer observes a man outside a jewelry store at 3:00a.m.After going around the block,the officer sees the same person looking in the windows and then moving into the shadows of an adjoining alley.The officer puts a spotlight on the person and confronts him.The man has no identification and is vague about where he lives.The officer places the person against the wall and pats him down.He finds a hard bulge in the suspect's jacket pocket.He reaches into the jacket and finds a glass cutter.He arrests the individual for possession of burglary tools.Is the evidence admissible? What is the issue?