Question 1

Most arrests are accomplished without a warrant; however, regarding searches, the general rule is that you must get a warrant unless you can't.

Accepted Answer

Most arrests, especially those that occur immediately following a crime, are made without a warrant due to the exigencies of the situation. However, for searches, the Fourth Amendment to the U.S. Constitution generally requires law enforcement to obtain a warrant to conduct a search, unless an exception to the warrant requirement applies, such as consent, search incident to a lawful arrest, exigent circumstances, or the automobile exception.

Question 2

When a search is conducted without a warrant, the trial court will presume that the search was authorized and legal.

Accepted Answer

Without a warrant, a search is presumed to be unreasonable and thus illegal under the Fourth Amendment, unless it falls under certain exceptions.

Question 3

A search under exigent circumstances does not require probable cause.

Accepted Answer

A search under exigent circumstances still requires probable cause; the exigency only allows for the search to be conducted without a warrant.

Question 4

A search of a vehicle on a public highway may be accomplished without the need for probable cause.

Accepted Answer

In the United States, the Fourth Amendment requires law enforcement to have probable cause or consent to search a vehicle on a public highway without a warrant.

Question 5

An arrested individual may be legally searched only if probable cause to search exists at the time of the arrest.

Accepted Answer

Upon arrest, police have the authority to conduct a search of the individual for weapons, evidence that could be destroyed, or other contraband as part of the arrest process, without needing separate probable cause for the search.

Question 6

If the police want to take a blood sample from an apparent intoxicated driver, they must either get her consent or a warrant.

Accepted Answer

The answer of If the police want to take a...

Question 7

An unconsented intrusion into a person body by a person at the direction of law enforcement is a search.

Accepted Answer

The Supreme Court has held that an unconsented intrusion into a person's body for evidence constitutes a search under the Fourth Amendment.

Question 8

An intrusion into a person's body to take a sample of his blood pursuant to a warrant does not need to be under acceptable medical standards.

Accepted Answer

An intrusion into a person's body, such as taking a blood sample pursuant to a warrant, must be done under acceptable medical standards to ensure the procedure is safe and respects the individual's rights and bodily integrity.

Question 9

As a rule, the police enter a private residence to make a warrantless arrest of a child sex offender.

Accepted Answer

Police generally need a warrant to enter a private residence to make an arrest unless there are exigent circumstances or the person consents to the entry.

Question 10

The police may legally conduct a warrantless search with probable cause of the vehicle that is parked in a parking lot of a mall.

Accepted Answer

The police can conduct a warrantless search of a vehicle if they have probable cause to believe it contains evidence of a crime, regardless of its location, including a parking lot. This is due to the automobile exception to the Fourth Amendment's search warrant requirement, recognizing the reduced expectation of privacy in vehicles and their inherent mobility.

Question 11

Joe is living in his motor home which is currently parked in a Wal-Mart parking lot. The police may legally search his motor home without a warrant.

Accepted Answer

Motor homes are considered vehicles, and under the automobile exception to the Fourth Amendment, police can search vehicles without a warrant if they have probable cause.

Question 12

Frank is arrested pursuant to an outstanding arrest warrant for income tax evasion. At the time of the arrest, the police may search him without probable cause.

Accepted Answer

When someone is arrested, the police have the authority to conduct a search of the person without needing additional probable cause, as part of the arrest process to ensure officer safety and preserve evidence.

Question 13

Margret leaves her lunch bag on a public bench and returns to work. The officer who watched her leave the bag may legally examine it.

Accepted Answer

The officer may examine the bag to ensure there is no threat to public safety, such as a bomb or hazardous materials, especially in a public space where unattended items can raise security concerns.

Question 14

During a Terry type stop, the officer may routinely pat down the detained individual.

Accepted Answer

The answer of During a Terry type stop, the officer...

Question 15

Students may not be legally searched by a school principal unless the principal has probable cause to justify the search.

Accepted Answer

School principals need only a reasonable suspicion, not probable cause, to conduct a search of a student under the standard set by the U.S. Supreme Court in New Jersey v. T.L.O. (1985).

Question 16

Exigent circumstances to justify a warrantless search do not include:

Accepted Answer

Exigent circumstances do not include merely discovering that a murderer is living in a private home without an immediate threat or emergency situation.

Question 17

Which of the below situations would be considered as a search under the Fourth Amendment?

Accepted Answer

Opening the trunk of a car without the owner's consent is considered a search under the Fourth Amendment, as it involves examining an area where there is a reasonable expectation of privacy.

Question 18

Which of the below statements is NOT correct?

Accepted Answer

The incorrect statement is B because the law does not require a person to be warned that they do not have to consent to a search for the consent to be considered valid. The validity of consent is primarily determined by its voluntariness, not by whether an individual was informed of their right to refuse consent.

Question 19

Which of the below statements regarding the open field's doctrine of Hester v. United States is NOT correct.

Accepted Answer

The open fields doctrine, established in Hester v. United States, was not overruled by Oliver v. United States. Instead, Oliver v. United States reaffirmed the principle that open fields do not provide the same Fourth Amendment protections as private property does.

Question 20

The Supreme Court case that discussed the right to search students was

Accepted Answer

New Jersey v. T. L. O. (1985) was a landmark Supreme Court case that addressed the issue of the Fourth Amendment rights of students in public schools, specifically regarding the right of school officials to search students' possessions without a warrant. The Court held that such searches are permissible if they are reasonable at their inception and in their scope.

Quiz 4: Fourth Amendment Issues