Question 1

Compared to searches of automobiles, police are expected to meet a higher standard when it comes to searches of which of the following places?

Accepted Answer

The Fourth Amendment protects individuals from unreasonable searches and seizures, and courts have consistently held that there is a heightened expectation of privacy in one's own home. Therefore, police are required to meet a higher standard, such as obtaining a warrant or showing probable cause, when conducting searches of a person's home compared to searches of other places like automobiles, schools, workplaces, or places of worship.

Question 2

Which U.S. Supreme Court case authorized police officers to order all passengers out of a vehicle during a traffic stop regardless of any suspicions of wrongdoing or threat to officer safety?

Accepted Answer

In Maryland v. Wilson (1997), the U.S. Supreme Court held that police officers may order passengers out of a vehicle during a traffic stop for officer safety reasons, even if the officer has no reason to believe that the passengers are involved in criminal activity. This decision expanded upon the earlier decision in Pennsylvania v. Mimms (1977), which authorized officers to order the driver out of a vehicle during a traffic stop for officer safety reasons.

Question 3

In order to invoke the Carroll doctrine, the situation must require immediate action. What is the second rule established by Caroll v. United States?

Accepted Answer

The second rule established by Carroll v. United States is that there must be enough probable cause to believe that a search warrant would have been issued, had there been sufficient time to obtain one. This is part of the Carroll doctrine, which allows for vehicle searches without a warrant under certain conditions.

Question 4

Why does the Supreme Court give more latitude to police in searching automobiles?

Accepted Answer

Automobiles can be quickly moved, making it easier for evidence to be hidden or destroyed, which is why the Supreme Court allows more latitude in searching them without a warrant.

Question 5

Which court case established the "plain feel" doctrine?

Accepted Answer

The "plain feel" doctrine was established in the case of Minnesota v. Dickerson in 1993. This doctrine allows police officers to seize items during a lawful pat-down search that are immediately recognizable as contraband, even if the officer did not have probable cause to believe the item was illegal before feeling it.

Question 6

What has the U.S. Supreme Court ruled with regard to the collection of DNA evidence?

Accepted Answer

In the case Maryland v. King (2013), the U.S. Supreme Court ruled that police can collect DNA from individuals arrested but not convicted. However, the court did not give police blanket authority to collect DNA from everyone they come into contact with, nor did it require a search/seizure warrant or limit collection to only convicted individuals.

Question 7

In Arizona v. Gant (2009), the Supreme Court found that if a suspect is arrested away from their vehicle and is unable to access it, officers ______.

Accepted Answer

In Arizona v. Gant (2009), the Supreme Court ruled that officers may not search a vehicle without a warrant unless the arrestee had access to the vehicle at the time of the search. This means that if a suspect is arrested away from their vehicle and is unable to access it, officers cannot search the vehicle without obtaining a warrant or obtaining an exception to the warrant requirement. The fact that a drug-sniffing dog indicates there is contraband present or that the suspect invokes their right to counsel does not change this requirement.

Question 8

What is the term for on-the-spot searches for the purposes of determining if a person has a weapon?

Accepted Answer

The term "stop and frisk" refers to the practice of police officers stopping and searching individuals for weapons or contraband when they have reasonable suspicion that the person is involved in criminal activity. This term is also sometimes called a "Terry stop," named after the Supreme Court case Terry v. Ohio which established the legal precedent for this type of search.

Question 9

Which type of officers rarely have the opportunity to perform searches after interviewing victims and witnesses due to the constraints of their assignment?

Accepted Answer

The answer of Which type of officers rarely have the...

Question 10

Which of the following must happen before a judge will issue a warrant?

Accepted Answer

Before a judge will issue a warrant, an officer must make a sworn affidavit that establishes probable cause. The affidavit must contain sufficient information to persuade the judge that there is probable cause to believe that the search or seizure is justified.

Question 11

What limitations did the U.S. Supreme Court establish with regard to warrantless searches incident to a lawful arrest in Chimel v. California (1969)?

Accepted Answer

In Chimel v. California (1969), the U.S. Supreme Court established that warrantless searches incident to a lawful arrest are permissible, but the search must be confined to the area within the suspect's immediate control or from an area where the suspect might procure a weapon. The Court sought to mitigate the potential for abuse of search powers by law enforcement officials while balancing this concern with the need for officer safety. This decision limited the scope of warrantless searches and has been an important precedent in Fourth Amendment jurisprudence.

Question 12

What two conditions must be in place for an officer to seize contraband that is in plain-view?

Accepted Answer

The officer must be lawfully on the premises, which means they have either obtained a warrant or have permission from the owner to be there. The discovery must also be inadvertent, meaning that the officer wasn't actively searching for the contraband, but rather stumbled upon it while lawfully present on the premises.

Question 13

What is it called when an officer establishes probable cause through the sense of touch?

Accepted Answer

The technique of establishing probable cause through the sense of touch is known as the plain feel doctrine. This allows officers to legally search someone if they can feel a weapon or contraband during a lawful pat-down search.

Question 14

In Maryland v. King (2013), the Supreme Court suggested that taking DNA from a person after arrest but prior to conviction was comparable to which of the following?

Accepted Answer

In the majority opinion, Justice Kennedy noted that taking DNA from an arrestee is similar to taking fingerprints in terms of identification purposes and minimally invasive procedures. Mugshots, handwriting samples, and pictures of tattoos are not directly related to identification purposes and/or may be more invasive.

Question 15

Each of the following types of searches may be conducted without a warrant EXCEPT ______.

Accepted Answer

Searches of minors may require a warrant or parental consent. All other options listed can potentially be conducted without a warrant under certain circumstances.

Question 16

In which of the following circumstances would police officers be required to "knock and announce" their presence before executing a search warrant?

Accepted Answer

The "knock and announce" rule generally requires police officers to announce their presence and wait a reasonable amount of time before entering a home, except in situations where announcing their presence would lead to the destruction of evidence, pose a threat to the officers' safety, or when the occupants are not present, as in choice D. In choices A, B, and C, the circumstances justify a no-knock entry due to the threat of violence or the imminent destruction of evidence.

Question 17

An officer suspects that Mary is selling drugs out of her apartment. When the officer knocks on the door, Mary's roommate answers the door, and the officer requests permission to search the apartment. In which of the following circumstances would the search be considered a violation of Mary's Fourth Amendment right protecting against unreasonable searches and seizures?

Accepted Answer

The answer of An officer suspects that Mary is selling...

Question 18

The "Terry Stop" resulted in allowing officers to ______.

Accepted Answer

The "Terry Stop" resulted in allowing officers to stop and frisk suspects based only on reasonable suspicion.

Question 19

An officer was patrolling a parking lot when he noticed a person unconscious in their car. When he went over to investigate, he noticed that the person had an open bag of illegal drugs in their hand. Which of the following best explains what the officer has the right to do in this situation?

Accepted Answer

The officer has the right to arrest the individual without a warrant because the illegal items are in plain view. This falls under the "plain view doctrine" which allows officers to seize any evidence that is in plain view during a lawful observation.

Question 20

What is it called when police are allowed to search a residence following a lawful arrest in order to reveal the presence of someone who might be a danger?

Accepted Answer

This is called a protective sweep. It allows police to search a residence following a lawful arrest in order to ensure the safety of the officers and others present, by revealing the presence of someone who might be a danger. The search is limited to areas where a person could be hiding and is conducted without a warrant, but it must be based on reasonable suspicion that there is a threat present.

Quiz 8: Expounding the Constitution: Laws of Arrest, Search, and Seizure