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Criminal Justice
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Criminal Procedure Study Set 1
Quiz 11: Search and Seizure of Vehicles and Containers
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Question 41
Essay
Detail the reasoning of the court regarding the search of a container found in a vehicle in the case of California v. Acevedo, 1991.
Question 42
Essay
Name at least three different scenarios that the courts have ruled that it is within the authority of the police to impound a vehicle.
Question 43
Short Answer
While the Carroll doctrine allows for a search of the vehicle, the doctrine does not generally permit a search of the __________ and/or the __________ of the vehicle occupant.
Question 44
Short Answer
Officers may seize contraband or other items subject to seizure that they observe open to view under the __________ doctrine.
Question 45
Essay
Explain the rationale and the scope of searches allowed under the Carroll doctrine regarding automobile exceptions to search warrants.
Question 46
Essay
As detailed in United States v. Ross, 1982, explain the differences between the search of an entire vehicle versus a particular area of a vehicle.
Question 47
Short Answer
For the automobile exception to be met regarding a search, two criteria must be met. First, the officer must believe that the automobile must contain illegal contraband, and secondly, the vehicle must be readily__________ such that it can be moved to __________.
Question 48
Short Answer
If an officer has probable cause to search only a particular container placed in a vehicle or a particular area of the vehicle, the officer may search that container or area without a warrant, but may not search the __________.
Question 49
Short Answer
Define what the courts meant in South Dakota v. Opperman by a "standard procedures" requirement for inventory searches.
Question 50
Short Answer
Not all drivers and passengers have an expectation of privacy in terms of the items contained in a vehicle. Under the Fourth Amendment these vehicle occupants would be said to lack __________ to challenge a particular vehicle search by police.
Question 51
Essay
Explain the evolution of the "exigent circumstance" requirement of the Carroll doctrine. Why was the requirement abandoned?
Question 52
Short Answer
If possible, warrantless searches under the __________ doctrine should be conducted immediately at the scene where the vehicle is stopped.
Question 53
Short Answer
A valid inventory search requires neither __________ nor a(n) __________.
Question 54
Short Answer
Define probable cause and how it relates to the exception regarding automobile searches.
Question 55
Essay
Using the Carroll doctrine, as interpreted by the courts, explain any delays in searching that might be acceptable.
Question 56
Short Answer
Assuming that a vehicle has been legally impounded, under what circumstances, if any, may the vehicle be searched for incriminating evidence without a warrant?
Question 57
Short Answer
Unless __________ circumstances exist, an inventory search of a vehicle must be conducted at the time of impoundment, not before impoundment.
Question 58
Short Answer
The controlling consideration in the warrantless search of a vehicle is __________ to believe that the vehicle contains items that are connected with criminal activity and thus are subject to seizure.