Question 1

Probable cause to search is defined as:

Accepted Answer

Probable cause to search is a reasonable belief or a strong likelihood that seizable items will be found. It does not require substantial proof, but rather a sufficient reason to believe that a search will yield evidence of criminal activity. A reasonable suspicion, as stated in option B, is a lower standard than probable cause and is not enough to justify a search. An educated hunch or a gut feeling, as stated in option C, is not enough to meet the legal standard of probable cause. Probable cause to search is a reasonable belief or basis for a belief that seizable items will be found. It is less than substantial proof but more than a mere hunch or suspicion. Therefore, choice A is the most appropriate answer.

Question 2

The "knock- and-notice" standards require:

Accepted Answer

The "knock-and-notice" standards require the police to identify themselves and state their purpose before entering a premises. While obtaining a search warrant is also a requirement for a lawful search, it is not directly related to the "knock-and-notice" standards. Consent to enter may also be obtained, but it is not a requirement under this standard. The "knock-and-notice" standards require that the police identify themselves and state their purpose, but they do not necessarily require consent or a search warrant. This requirement is intended to minimize the potential for violence and prevent mistaken entries by law enforcement.

Question 3

"Exigent circumstances":

Accepted Answer

Exigent circumstances refer to urgent or emergency situations where the police have a reasonable belief that a search is necessary to prevent harm to individuals or evidence from being destroyed. In such situations, the absence of a search warrant may be excused. Exigent circumstances refer to situations where there is an immediate and urgent need for law enforcement action, such as when someone's life is in danger or evidence is at risk of being destroyed. In such cases, the absence of a search warrant can be excused and the police can conduct a search without one.

Question 4

A government official's intrusion upon "open fields":

Accepted Answer

Open fields, which are areas outside of the curtilage of a home or business, are not considered protected under the Fourth Amendment. Therefore, a government official's intrusion upon open fields does not require probable cause or a search warrant. The Fourth Amendment only protects against unreasonable searches and seizures in areas where individuals have a reasonable expectation of privacy, such as their home or personal property. The Supreme Court has consistently ruled that there is no reasonable expectation of privacy in open fields, and therefore government officials do not need a search warrant or probable cause to intrude upon them.

Question 5

"Freezing the status quo" allows the police to:

Accepted Answer

Freezing the status quo means preserving the scene and preventing the destruction of evidence until a warrant can be obtained. This means that the police cannot conduct a full or limited search without a warrant, nor can they conduct a quick and cursory inspection. "Freezing the status quo" means preserving the current state of affairs until a warrant can be obtained. This allows the police to prevent the destruction of evidence while they wait for the warrant. Therefore, the correct choice is C.

Question 6

Based on a rumor that D was involved in a series of burglaries, the police went to D's house and asked if they could search.D consented to the search and the police found stolen property.The search was:

Accepted Answer

The search was proper because D gave voluntary consent to the search. The police did not need a warrant or probable cause in this situation because they obtained consent from the individual being searched. The fact that there was a rumor about D's involvement in burglaries does not constitute probable cause. As long as the consent to search is voluntary, the search is lawful. There was no requirement for the police to advise D of his constitutional rights in this situation. If D consented voluntarily to the search, then the search is considered proper even if the police lacked probable cause or a warrant. The police did not need to advise D of his constitutional rights if he gave voluntary consent.

Question 7

A written, sworn statement submitted to a magistrate by a police officer seeking a search warrant is called:

Accepted Answer

An affidavit is a written, sworn statement submitted by a police officer to a magistrate to obtain a search warrant. It describes the facts and circumstances that provide probable cause for the search. An affidavit is a written, sworn statement submitted to a magistrate by a police officer seeking a search warrant. A complaint is a written statement that begins a criminal case, a deposition is a witness's out-of-court testimony that is under oath and recorded for use in court, and an investigation report is a document summarizing an investigation conducted by law enforcement.

Question 8

The "plain view" doctrine permits the police to:

Accepted Answer

The "plain view" doctrine allows police officers to seize any item that is clearly visible to them while executing a search warrant, even if that item was not specifically listed in the warrant. However, the item must be immediately recognizable as contraband or evidence in order to be seized under this doctrine. The "plain view" doctrine permits the police to seize items that are in plain sight but not specified in the search warrant, as long as the item is immediately recognizable as evidence or contraband. The police cannot search for or seize items not in plain sight without a separate warrant or an exception to the warrant requirement. The doctrine does not address temporarily impounding or freezing the status quo of items.

Question 9

Which of the following is a search?

Accepted Answer

Taking drugs from a closed trunk of a car constitutes a search because the officer is physically intruding in a place where the person has a reasonable expectation of privacy. This would require a warrant or a recognized exception to the warrant requirement. A, B, and C would not be considered searches under the Fourth Amendment because they do not involve physical intrusion or the violation of a reasonable expectation of privacy.

Question 10

Which of the following is (are) required to obtain a proper search warrant?

Accepted Answer

All of the above are required to obtain a proper search warrant. An oath is necessary to establish probable cause, a description of items to be seized is necessary to ensure that only relevant items are seized, and a neutral magistrate is necessary to ensure that the warrant is issued impartially and based on legal standards. All of the above are required to obtain a proper search warrant. The warrant must be supported by an oath or affirmation, provide a description of the place to be searched and the things to be seized, and be issued by a neutral and detached magistrate.

Question 11

When determining probable cause, police may consider:

Accepted Answer

When determining probable cause, police may consider all of the above - what they have personally observed, what they have been told by reliable informants, and what inferences follow from known facts. These are all valid sources of information that can help establish probable cause for a search, seizure, or arrest. All three options are considered when determining probable cause. Police rely on their personal observations, information from reliable sources, and inferences drawn from known facts to establish probable cause for a search or arrest.

Question 12

Probable cause deals with:

Accepted Answer

Practical probabilities are used to determine probable cause.

Question 13

Consent searches require:

Accepted Answer

Consent searches do not require warrants or probable cause, but they do require the voluntary and knowing waiver of an individual's right to privacy. However, if the individual consents, they give up their Fourth Amendment protection against unreasonable searches and seizures, and the search becomes legal. Reasonable suspicion is not required for consent searches. Consent searches do not require warrants or probable cause, but they do require a voluntary and informed waiver of the individual's Fourth Amendment rights. Reasonable suspicion is not required for a consent search.

Question 14

Search incident to arrest must:

Accepted Answer

Search incident to arrest must be substantially contemporaneous with arrest. Search incident to arrest must be substantially contemporaneous with arrest, meaning it should be done at the time of arrest or immediately after. It cannot precede the arrest or be deferred until the suspect is booked at the station house.

Question 15

An informant is:

Accepted Answer

An informant is someone who provides information to law enforcement, often for the issuance of a search warrant or to assist in investigations.

Question 16

For Fourth Amendment purposes, a search is defined as:

Accepted Answer

The definition of a search for Fourth Amendment purposes is a government official's intrusion upon protected privacy rights. This includes any physical intrusion into a private space or any search that invades a person's reasonable expectation of privacy. It does not necessarily have to involve obtaining evidence or a physical trespass onto private property. Simply seeing contraband does not constitute a search unless the person had a reasonable expectation of privacy in the area where the contraband was found. The Fourth Amendment protects against unreasonable searches and seizures, which includes government officials intruding upon protected privacy rights. A search can occur regardless of whether or not the government official physically enters private property or obtains physical evidence. The focus is on the invasion of privacy.

Question 17

Objects subject to seizure include:

Accepted Answer

All of the above are objects subject to seizure as they are illicit items that have been used or associated with criminal activity. All of the options are common examples of items that may be seized by law enforcement, either as evidence or as part of a criminal forfeiture action.

Question 18

A consensual search is lawful only if:

Accepted Answer

A consensual search is one in which the defendant gives free and voluntary permission for the search to take place. As long as the permission was freely given and voluntarily offered, the search is considered lawful, regardless of whether or not the defendant was informed of their Miranda rights or their right to refuse permission. However, if the search is based solely on probable cause and not given freely, then it would not be considered a consensual search. A consensual search is one in which the individual gives permission for the search to occur. This permission must be given freely and voluntarily, without coercion or intimidation. The other choices (A, C, D) refer to other legal requirements (Miranda rights, right to refuse, probable cause) but are not directly related to the lawfulness of a consensual search.

Quiz 10: Search and Seizure of Property