Deck 4: Search and Seizure

Question 1

In the example "A Mid-Summer's Nightmare," Officer Weird overstepped the boundaries of a Terry vehicular weapons search when he:

A) inspected the trunk
B) picked up fliers off the floorboard and put them in his pocket
C) opened Mary's purse
D) both a & c

Answer 1

A

Question 2

In which of the following situations do police have authority to inspect the contents of Sticky-Fingered Sam's wallet?

A) Police lawfully detain Sam for investigation, based on reasonable suspicion of possessing a stolen credit card.
B) Police issue Sam a traffic citation.
C) Police lawfully arrest Sam for DUI.
D) In all of the above situations.

Answer 2

C

Question 3

Which of the following individuals can give a valid consent to search the suspect's apartment?

A) The suspect's landlord.
B) The suspect's live-in girlfriend.
C) The apartment building maintenance man.
D) None of the above.

Answer 3

B

Question 4

Which of the following is always required to seize an object for use as evidence?

A) The object must constitute the fruits, instrumentalities, or other evidence of crime or contraband.
B) A search warrant describing the object.
C) A statute making possession of the object a crime.
D) All of the above.

Question 5

When an arrestees arrested in places other than their homes have their impounded belongings searched, the following is one of the goals:

A) secure the arrestee's valuables
B) protect the police department against false claims of loss
C) search for weapons
D) both a & b

Question 6

Which of the following police activities constitutes a search within the meaning of the Fourth Amendment?

A) Eavesdropping on a conversation in an adjoining hotel room by pressing their ears against the wall.
B) Climbing over a fence and entering an open field to explore for marijuana plants.
C) Looking inside the glove compartment of an unattended vehicle parked on a public street.
D) All of the above.

Question 7

The Fourth Amendment includes the following in its list of constitutionally protected subjects:

A) effects
B) papers
C) houses
D) all of the above

Question 8

A search warrant's description of the place to be search defines the permissible _____ of the search:

A) scope
B) intensity
C) duration
D) none of the above

Question 9

The criminal defendant's remedy for police violations of his or her constitutional rights is:

A) a grand jury hearing
B) exclusion of evidence
C) exigent circumstances exception
D) all of the above

Question 10

In order to secure a search warrant, an officer must possess facts sufficient to warrant a person of reasonable caution in believing which of the following:

A) a crime has been (or is being) committed
B) specific objects associated with the crime exist
C) objects included in the warrant will be found in the place to be searched
D) all of the above

Question 11

Police are allowed to perform brief, limited searches for investigation when they have reasonable suspicion that the property is connected to criminal activity. This authority stems from which Supreme Court decision?

A) Miller v. California
B) Terry v. Ohio
C) Mapp v. Ohio
D) none of the above

Question 12

Police do not need a search warrant or probable cause to believe that a search will turn up evidence in order to search:

A) abandoned property.
B) an open field.
C) the person of the arrestee after making a lawful arrest.
D) Any of the above.

Question 13

Mapp v. Ohio made what apply to the states:

A) implied consent
B) Terry searches
C) exclusionary rule
D) exigent circumstances

Question 14

Sally York, who was a passenger on the same flight as Mary Wanna, accidentally picked up Mary Wanna's suitcase, thinking it was her own. She opened it up when she got home, saw a firearm resting on top of bundles of $100 bills, immediately closed the suitcase, took it to police headquarters, and told Detective Jacobs what she had seen. Detective Jacobs reopened the suitcase, took out and examined the firearm and money, and then removed the lining, under which he found a bag containing 20 grams of cocaine. Mary has been prosecuted for possession of an unregistered firearm, possession of cocaine, and trafficking in drugs. She has moved to suppress the evidence, claiming that her Fourth Amendment rights were violated. Which of the following acts constituted a search within the meaning of the Fourth Amendment?

A) Sally York's act of opening Mary Wanna's suitcase and examining the contents.
B) Detective Jacobs' act of opening of Mary Wanna's suitcase and re-examining the contents.
C) Detective Jacobs' act of removing the suitcase lining.
D) All of the above acts.

Question 15

The following activity would be considered a search under the Fourth Amendment:

A) observing a suspect's activities from the street
B) bugging a suspect's motel room
C) making a Terry stop
D) asking neighbors if they have noticed anything suspicious about the suspect

Question 16

When the purpose for conducting a search is to obtain evidence of a crime, the Fourth Amendment always requires the officer to:

A) possess a reasonable certainty that the search will turn up criminal evidence.
B) obtain a search warrant whenever time permits.
C) confine search activity to looking for the objects for which the officer has search authority.
D) comply with all of these requirements.

Question 17

Which of the following is always necessary to justify a plain view seizure?

A) The officer must be on the premises searching under a search warrant when the discovery is made.
B) The officer must acquire probable cause to believe that the object is associated with a crime without exceeding the lawful boundaries of his or her search authority.
C) The discovery must occur by accident.
D) All three conditions are necessary.

Question 18

In Chimel v. California, the Supreme Court ruled that the following was unconstitutional:

A) searching an arrestee's entire home after his arrest without a warrant
B) searching an arrestee's purse without a warrant
C) searching the front seat of an arrestee's car without a warrant
D) none of the above

Question 19

For incriminating evidence to be considered in "open view":

A) the officer must be lawfully present at the location where the observation is made.
B) the officer must make the observation by accident, rather than by design.
C) the officer must have reasonable suspicion that the object is connected to criminal activity.
D) All of the above.

Question 20

The Chimel decision established which test?

A) probable cause
B) immediate control
C) exigent circumstances
D) hot pursuit

Question 21

Searches and seizures of abandoned property violate the Fourth Amendment.

Question 22

Police do not have an automatic authority to perform a search whenever they make an arrest.

Question 23

A search occurs when police interfere with a suspect's possessory rights in property.

Question 24

Katz v. United States marked the beginning of modern Fourth Amendment jurisprudence.

Question 25

Search and seizure is covered under the Fifth Amendment.

Question 26

Police have the authority to search the trunk of a motor vehicle without a warrant whenever:

A) The motorist consents.
B) Police have a reasonable suspicion that a motorist lawfully detained for investigation might have a weapon in the trunk.
C) Police lawfully arrest the motorist.
D) In all of the above situations.