Question 1

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

Accepted Answer

A

Question 2

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

Accepted Answer

Police have the authority to inspect the contents of Sam's wallet if they lawfully arrest him, as a search incident to arrest allows them to search his person and immediate possessions.

Question 3

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

Accepted Answer

The suspect's live-in girlfriend can give valid consent to search the suspect's apartment since she is a resident of the apartment and has a reasonable expectation of privacy. The landlord and apartment building maintenance man do not have sufficient connection with the apartment or the suspect's personal belongings in it, therefore they cannot give valid consent to search.

Question 4

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

Accepted Answer

The object must meet the criteria of being the fruits, instrumentalities, or other evidence of crime or contraband to be seized as evidence. A search warrant or statute may not always be necessary or applicable in all cases.

Question 5

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

Accepted Answer

The goals of searching impounded belongings of arrestees include securing the arrestee's valuables and protecting the police department against false claims of loss.

Question 6

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

Accepted Answer

The answer of Which of the following police activities constitutes...

Question 7

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

Accepted Answer

The Fourth Amendment includes "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures" which means all of the above are constitutionally protected subjects.

Question 8

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

Accepted Answer

The description of the place to be searched in a search warrant defines the permissible scope of the search, which means the areas, rooms, and objects that can be searched. The warrant does not determine the intensity or duration of the search, which are left to the discretion of the searchers within the scope of the warrant.

Question 9

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

Accepted Answer

The remedy for police violations of a criminal defendant's constitutional rights is exclusion of evidence obtained through the violation. This is known as the exclusionary rule, which is meant to deter illegal police conduct and protect the defendant's Fourth Amendment rights against unreasonable searches and seizures. A grand jury hearing and the exigent circumstances exception are not remedies for police violations of constitutional rights.

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:

Accepted Answer

In order to secure a search warrant, an officer must possess facts sufficient to warrant a person of reasonable caution in believing that a crime has been (or is being) committed, that specific objects associated with the crime exist, and that objects included in the warrant will be found in the place to be searched. So, all of the above options are correct.

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?

Accepted Answer

The Supreme Court decision that established the authority of police to perform brief, limited searches for investigation based on reasonable suspicion is Terry v. Ohio (1968).

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:

Accepted Answer

The correct choices are A, B, and C because the Supreme Court has ruled that police do not need a search warrant or probable cause to search abandoned property, open fields, or the person of someone they have lawfully arrested. These areas and situations are considered to have reduced expectations of privacy, which justifies the absence of a warrant or probable cause requirement.

Question 13

Mapp v. Ohio made what apply to the states:

Accepted Answer

Mapp v. Ohio established that the exclusionary rule, which requires that evidence obtained through an unlawful search or seizure be excluded from use at trial, applies to the states through the Due Process clause of the Fourteenth Amendment.

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?

Accepted Answer

Detective Jacobs' act of removing the suitcase lining constituted a search within the meaning of the Fourth Amendment because it involved a further intrusion beyond what was initially visible.

Question 15

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

Accepted Answer

Bugging a suspect's motel room involves an invasion of privacy and requires a warrant, making it a search under the Fourth Amendment. Observing from public spaces, conducting a Terry stop (a brief stop and frisk based on reasonable suspicion), and asking neighbors questions do not constitute searches that require a warrant.

Question 16

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

Accepted Answer

The answer of When the purpose for conducting a search...

Question 17

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

Accepted Answer

The plain view doctrine allows for a warrantless seizure of evidence if the officer is lawfully present, discovers evidence in plain view, and has probable cause to believe that the evidence is associated with a crime. Therefore, B is the only necessary condition for a plain view seizure.

Question 18

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

Accepted Answer

The Supreme Court ruled in Chimel v. California that searching an arrestee's entire home after his arrest without a warrant was unconstitutional.

Question 19

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

Accepted Answer

For incriminating evidence to be considered in "open view," the officer must be lawfully present at the location where the observation is made. This means that the officer must have the right to be in the location they are observing from, such as through a warrant or other legal means. The other options, accidental observation and reasonable suspicion, are not necessary requirements for evidence to be considered in open view.

Question 20

The Chimel decision established which test?

Accepted Answer

The Chimel decision established the immediate control test, which allows officers to conduct a warrantless search of an arrestee's immediate area in order to ensure officer safety and prevent destruction of evidence.

Quiz 4: Search and Seizure