Question 1

When a full body search is lawful, police might still be found to have gone too far. This area of law is still being shaped. What limits do you think should be placed on these searches? Do you think your standard adequately reflects the need for effective law enforcement to be balanced with individual rights? Explain.

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Question 2

Explain the justifications for the automobile exception to the requirement for a warrant.

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Question 3

____________________ include danger of physical harm to an officer or others, danger of destruction of evidence, driving while intoxicated, hot-pursuit situations, and individuals requiring "rescuing," for example, unconscious individuals.

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Question 4

Explain how border searches differ from other searches under the Fourth Amendment.

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Question 5

Discuss the relationship between electronic surveillance and one's reasonable expectation of privacy.

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Question 6

Police officers can legally tow and impound vehicles for many reasons, including vehicles involved in accidents, parked in a tow-away zone, or abandoned on the highway. When the police impound a vehicle for legitimate reason, they may lawfully conduct an inventory search. Assume a police officer lacks probable cause but has a "gut feeling" that a known malcontent from the community has marijuana in the trunk of his car. The police officer follows the malcontent until she fails to stop completely at a stop sign. The police officer pulls over at the malcontent and, after asking for license and registration, finds out (as she already suspected) that the malcontent has a suspended license. The police officer arrests the malcontent and puts her in the backseat of her police car. She then calls the local tow company to impound the vehicle for the owner's safety. The police officer is then happy to hear that during a normal inventory inspection of the vehicle, marijuana is found and she promptly informs the district attorney's office. If the police officer has done nothing that violates the law or the Fourth Amendment, can you articulate an argument that challenges what the police officer did?

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Question 7

The case of ___________________ held that "the Constitution does not prohibit a government agent from using an electronic device to record a telephone conversation between two parties with the consent of one party to the conversation."

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Question 8

A(n) _______________________ allows civil inspections of private property to determine compliance with government rules, regulations, and city ordinances such as fire or building codes.

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Question 9

Discuss what might constitute exigent circumstances. Give specific examples.

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Question 10

List three fundamental constitutional rules for searches and discuss their importance.

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Question 11

One of the exceptions to a search warrant is known as exigent circumstances. If police officers have established probable cause that evidence is likely to be in a certain place and do not have time to get a search warrant, they may conduct a warrantless search. This can include a reasonable belief that evidence will be removed or destroyed if the officers wait for a warrant. Some courts are dubious of this exception since police officers can frequently create the risk of destruction of evidence by their own behavior. Do you think there is a potential abuse of this exception by the police? If so, how? If not, why not?

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Question 12

Using the three criteria for the plain view doctrine, provide one scenario involving illegal drugs in the trunk of a car that properly utilizes this doctrine and one with similar facts that fails to meet the test.

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Question 13

The Supreme Court has ruled that the expectation of privacy does not exist when someone voluntarily converses with someone else known as the ________________exception.

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Question 14

Discuss at least five exceptions to the search warrant requirement.

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Question 15

The portion of property generally associated with the common use of land is known as ___________.

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Quiz 9: Conducting Constitutional Searches