Question 1

"The right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures …" This is established in the ________ Amendment.

Accepted Answer

This is a direct quote from the Fourth Amendment of the United States Constitution, which protects citizens from unreasonable searches and seizures.

Question 2

What are the four general categories into which items subject to police seizures fall?

Accepted Answer

The four general categories of items subject to police seizures are contraband, fruits of the crime, instrumentalities of the crime, and "mere evidence" of a crime. These categories encompass items that are illegal to possess, items obtained through the commission of a crime, items used to commit a crime, and items that merely evidence a crime, respectively.

Question 3

From the following, which type of items best describe "contraband"?

Accepted Answer

Contraband refers to goods that are illegal to import, export, or possess, such as drugs and counterfeit money.

Question 4

From the following, which type of items best describe "fruits of the crime"?

Accepted Answer

"Fruits of the crime" refer to items obtained as a result of committing a crime, such as stolen goods.

Question 5

From the following, which type of items best describe "instrumentalities of a crime"?

Accepted Answer

Instrumentalities of a crime refer to objects directly used to commit the crime, such as robbery tools.

Question 6

What is the justification required for the seizure of items by the police?

Accepted Answer

Probable cause is the legal standard required for the police to justify the seizure of items. It means that there is a reasonable basis to believe that a crime has been committed and that the items in question are connected to the crime.

Question 7

A(n) ________ is defined as the exercise of dominion or control by the government over a person or thing because of a violation of law.

Accepted Answer

A seizure is defined as the government's exercise of control over a person or thing because of a suspected violation of law, which can include taking possession of property or detaining a person.

Question 8

The seizure of "real or physical" evidence does not violate Fifth Amendment guarantees as this only applies to ________ evidence.

Accepted Answer

The Fifth Amendment protects against self-incrimination, which applies to testimonial evidence where an individual might be compelled to provide evidence against themselves through their own words or testimony.

Question 9

Which of the following cases best illustrates the "evanescent evidence" exception to the warrant requirement?

Accepted Answer

Cupp v. Murphy is a case where the Supreme Court held that the police could take physical evidence from a suspect without a warrant because the evidence (in this case, traces of blood under the suspect's fingernails) was at risk of being destroyed or lost, illustrating the "evanescent evidence" exception.

Question 10

In City of West Covina v. Perkins, the Court held that the ________ does not require the police to provide the owner of property seized with notice of remedies specified by state law for the property's return and the information necessary to invoke those procedures.

Accepted Answer

The Court held that the Due Process Clause does not require police to provide notice of state law remedies for the return of seized property, focusing on constitutional due process rights rather than specific procedures or equal protection concerns.

Question 11

A search warrant that does not contain a particular description of the things to be seized is ________.

Accepted Answer

The Fourth Amendment requires that search warrants specifically describe the items to be seized, making a warrant without such a description unconstitutional.

Question 12

Refusal of a BAC blood test can result in:

Accepted Answer

Refusal of a BAC (Blood Alcohol Content) test can lead to civil punishment, such as fines or license suspension, as it is often considered a violation of implied consent laws.

Question 13

Drawing blood from a suspect without his or her consent does not violate any constitutional rights, even if this is done without any medically accepted procedures.

Accepted Answer

Drawing blood from a suspect without consent can violate the Fourth Amendment's protection against unreasonable searches and seizures if not done with proper legal authorization (e.g., a warrant) and must also adhere to medically accepted procedures to ensure safety and reliability.

Question 14

The police may make a warrantless seizure of evidence that is likely to disappear before a warrant can be obtained.

Accepted Answer

This is known as the "exigent circumstances" exception to the Fourth Amendment's warrant requirement, allowing police to seize evidence without a warrant if they reasonably believe the evidence might be destroyed or disappear before they can secure a warrant.

Question 15

Compelled surgical intrusions into an individual's body may be of such a magnitude that the intrusion is unreasonable even if it may produce evidence of a crime.

Accepted Answer

The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures, which can include compelled surgical intrusions. The Supreme Court has held that such intrusions must be balanced against the need for evidence, and in some cases, the intrusion may be deemed unreasonable, thus protecting the individual's rights.

Question 16

There are no limits to what the government can do in an effort to solve a crime.

Accepted Answer

Governments are bound by laws, regulations, and ethical considerations which limit their actions, even in efforts to solve crimes, to ensure the protection of individual rights and freedoms.

Question 17

A search warrant that does not particularly describe the persons or things to be seized, but has those in the application that was filed with the judge, does not violate the Fourth Amendment.

Accepted Answer

The Fourth Amendment requires that a search warrant particularly describe the persons or things to be seized. This specificity must be contained in the warrant itself, not just in the application filed with the judge, to prevent general searches and ensure the search is legally justified and limited in scope.

Question 18

Detaining occupants of the premises in handcuffs for a certain period of time while executing a search warrant does not by itself violate the Fourth Amendment prohibition against unreasonable searches and seizures.

Accepted Answer

The U.S. Supreme Court has ruled in cases like Michigan v. Summers that detaining occupants in handcuffs during the execution of a search warrant can be reasonable under the Fourth Amendment, depending on the circumstances, such as officer safety and preventing flight.

Question 19

Generally, there is a warrant requirement to conduct blood tests in DWI cases.

Accepted Answer

The Supreme Court has held that police generally need a warrant to conduct blood tests for alcohol content in DWI cases, as such tests are considered searches under the Fourth Amendment.

Question 20

DNA samples collected as part of a routing booking procedure should be kept for 20 years, even if the suspect is not convicted for the alleged crime.

Accepted Answer

The retention period for DNA samples collected during routine booking procedures varies by jurisdiction and is not universally set at 20 years. Additionally, policies on retaining DNA samples from individuals not convicted of the alleged crime also vary, with some places requiring deletion or destruction of such samples.

Quiz 5: Seizure of Things