Question 1

A hotel clerk can give valid consent to search a hotel room.

Accepted Answer

A hotel clerk cannot give valid consent to search a hotel room because the Fourth Amendment protects guests' privacy rights, and only the guest or someone with the guest's permission can give valid consent to search their room.

Question 2

When two people with common authority over the premises are present and one gives consent to search and the other objects, then a consent search would not be justified.

Accepted Answer

When one occupant consents to a search and another physically present occupant objects, the search is not justified without a warrant, as established in Georgia v. Randolph (2006).

Question 3

"Knock and Talk" involves the police approaching a house, knocking, talking to the occupant, and seeking consent to enter and search the home.

Accepted Answer

"Knock and Talk" is a police procedure where officers approach a residence, knock on the door, engage in conversation with the occupant, and may ask for consent to enter and search the premises without a warrant.

Question 4

The exclusionary rule only applies to federal law enforcement agencies.

Accepted Answer

The exclusionary rule applies to both federal and state law enforcement agencies, prohibiting the use of evidence obtained in violation of a defendant's constitutional rights in court.

Question 5

The independent source exception to the exclusionary rule allows evidence that was seized illegally to be admissible in court when the evidence is obtained independent of the illegal police action.

Accepted Answer

The independent source doctrine permits the admission of evidence that has been discovered by means wholly independent of any constitutional violation, thereby allowing it to be used in court despite a connection to illegal police conduct.

Question 6

The good faith exception to the exclusionary rule allows evidence that was seized illegally to be admissible in court when the voluntary actions of the suspect nullify the illegal actions of the police.

Accepted Answer

The good faith exception to the exclusionary rule allows evidence that was seized illegally to be admissible in court if the police were acting under the belief that they were following legal procedure, such as relying on a search warrant that is later found to be invalid, not the voluntary actions of the suspect.

Question 7

The purged taint exception to the exclusionary rule allows evidence that was seized illegally to be admissible in court if the evidence would have been found without the illegal search.

Accepted Answer

The purged taint exception allows evidence to be admissible if the connection between the illegal search and the evidence is sufficiently weakened, not if it would have been found without the illegal search. The latter is the "inevitable discovery" doctrine.

Question 8

The 10th Amendment to the U.S. Constitution affords the accused the right to be represented by an attorney in criminal legal proceedings.

Accepted Answer

The 6th Amendment to the U.S. Constitution guarantees the right to be represented by an attorney in criminal proceedings, not the 10th Amendment. The 10th Amendment reserves powers not delegated to the United States by the Constitution, nor prohibited by it to the States, to the States respectively, or to the people.

Question 9

The right to an attorney is present once the accused goes to trial.

Accepted Answer

The right to an attorney is present from the moment of arrest, not just at trial, as guaranteed by the Sixth Amendment of the U.S. Constitution and affirmed by the Supreme Court in Miranda v. Arizona.

Question 10

Once a suspect has been indicted and has retained by an attorney, the police can no longer question him if even through a third party or coconspirator.

Accepted Answer

Once a suspect has been indicted and has retained an attorney, the Sixth Amendment right to counsel attaches, preventing police from questioning the suspect without their attorney present, even through third parties.

Question 11

If a defendant invokes his Miranda rights when interrogated by the police, a prosecutor cannot comment to the jury that not testifying constitutes evidence of guilt.

Accepted Answer

A prosecutor cannot comment on a defendant's invocation of their Miranda rights or their decision not to testify, as it would violate the defendant's Fifth Amendment right against self-incrimination.

Question 12

There are no exceptions to the Miranda requirements.

Accepted Answer

There are exceptions to the Miranda requirements, such as the public safety exception, which allows law enforcement to question a suspect without providing Miranda warnings if there is an immediate threat to public safety.

Question 13

Identify when a search warrant is necessary, the legal standard needed, and the information specified in the warrant.

Accepted Answer

The answer of Identify when a search warrant is necessary,...

Question 14

Discuss the impact of the Miranda requirement.

Accepted Answer

The answer of Discuss the impact of the Miranda requirement....

Question 15

Identify the key protections contained in the Fourth Amendment to the U.S. Constitution.

Accepted Answer

The answer of Identify the key protections contained in the...

Question 16

Explain the "exigent circumstances" exception to the search warrant requirement.

Accepted Answer

The answer of Explain the "exigent circumstances" exception to the...

Question 17

Explain the "vehicle" exception to the search warrant requirement.

Accepted Answer

The answer of Explain the "vehicle" exception to the search...

Question 18

Explain the "search incident to arrest" exception to the warrant requirement and its limitations.

Accepted Answer

The answer of Explain the "search incident to arrest" exception...

Question 19

Explain the scope of an allowable search under the stop and frisk exception to the warrant requirement.

Accepted Answer

The answer of Explain the scope of an allowable search...

Question 20

Explain the parameters of the plain view exception to the warrant requirement.

Accepted Answer

The answer of Explain the parameters of the plain view...

Quiz 9: The Law of Search, Seizure, and Self-Incrimination