Question 1

A police officer has made a custodial arrest of a person for a traffic offense.The officer may search the

Accepted Answer

A police officer may conduct a search incident to arrest, which includes searching the arrestee's clothing, wallet, and anything in the arrestee's pockets for weapons, evidence, or means of escape.

Question 2

A police officer has informed a man seated at a desk in his home that he is under arrest.The desk top is cluttered and the desk has many drawers within easy reach of the arrestee.One drawer is locked.As incident to the arrest,the officer may search the man

Accepted Answer

Incident to the arrest, the officer may search the desk top and the unlocked drawers of the desk. However, the locked drawer cannot be searched without a separate search warrant or the arrestee's consent.

Question 3

Officers may not deliberately move an arrested person near an object or place they want to search in order to activate the incident-to-arrest exception.

Accepted Answer

Moving the arrested person to a certain location with the intention of searching the area is considered manipulation of the incident-to-arrest exception and is not allowed under the Fourth Amendment.

Question 4

The police may,in some situations,delay a search incident to arrest.

Accepted Answer

The police may delay a search incident to arrest if there is a legitimate law enforcement purpose for doing so, such as ensuring officer safety or preventing the destruction of evidence. However, the delay must be reasonable and cannot exceed the time necessary to fulfill the legitimate purpose.

Question 5

For an item to be validly seized during a search incident to arrest,the police must have probable cause to seize the item,but they do not need to immediately recognize the item's evidentiary value.

Accepted Answer

The answer of For an item to be validly seized...

Question 6

For minor crimes unlikely to involve the use of weapons or destructible evidence,officers are permitted to conduct a full search of the person incident to the arrest.

Accepted Answer

This is known as a "search incident to arrest" and is permitted to ensure the safety of the officer and to prevent the destruction of evidence. However, if the arrest is for a minor offense, the search must be limited to the person's outer clothing and immediate area.

Question 7

?Based on Chimel v.California,the key question in deciding whether or not a warrant is required to open a container seized incident to arrest of a person is:

Accepted Answer

According to the Supreme Court decision in Chimel v. California, a warrantless search of a container seized incident to an arrest is permissible only if the container is both "closely associated with the person of the arrestee" and still within the "immediate control" of the arrestee at the time of the search. Thus, option D is the best choice because it includes both of these important criteria. A and B are similar, but do not capture both elements together, while C is not a relevant consideration in this context.

Question 8

The Gant v.Arizona (2009)case limited police ability to search a vehicle incident to arrest to situations:

Accepted Answer

The Gant v. Arizona case ruled that police can search a vehicle incident to arrest only if the arrestee is unsecured and within reaching distance of the passenger compartment, or if it is reasonable to believe that the vehicle contains evidence of the offense of arrest.

Question 9

A police officer has arrested a man for assault.The arrestee is carrying a backpack.During an immediate search of the person incident to the arrest

Accepted Answer

During a lawful arrest, officers are permitted to search the person and the immediate area within their control without a warrant to ensure officer safety and prevent the destruction of evidence. This includes searching containers like backpacks.

Question 10

In the majority of states,arrest warrants are required for misdemeanors that do not occur in the officer's presence.

Accepted Answer

In the majority of states, arrest warrants are indeed required for misdemeanors that do not occur in the officer's presence. However, there may be some variations in specific state laws, so it is important to check the laws in your state or seek legal advice.

Question 11

In general,if a police officer makes a warrantless arrest for a felony based on probable cause and it turns out that the arrestee did not commit the suspected offense,the officer is not civilly liable,provided no negligence was involved in making the arrest.

Accepted Answer

This is known as the "good faith" exception to the exclusionary rule, which protects officers who make arrests based on probable cause but later find out that no crime was committed. As long as the officer acted in good faith and without negligence, they are not civilly liable.

Question 12

The U.S.Supreme Court case Gant v.Arizona (2009)overruled a long-standing legal principle that was established earlier in New York v.Belton (1981).

Accepted Answer

Gant v. Arizona overruled the principle established in New York v. Belton regarding the scope of a warrantless search of a vehicle after the arrest of its occupant.

Question 13

During a search incident to arrest,officers may not search for weapons unless they can point to specific facts and circumstances indicating the likelihood that the person was armed and dangerous.

Accepted Answer

During a search incident to arrest, officers are allowed to search the person arrested and the area within their immediate control without needing specific facts to suggest the person is armed and dangerous, as this is for officer safety and to prevent evidence destruction.

Question 14

The issuance of a traffic citation alone is not a lawful custodial arrest sufficient to justify a search incident to arrest.

Accepted Answer

According to the Fourth Amendment of the United States Constitution, a search incident to arrest is only lawful if the arrest is lawful and custodial. The issuance of a traffic citation does not necessarily meet the criteria for a custodial arrest, and therefore a search incident to arrest would not be justified in this scenario.

Question 15

In general,the search of an arrestee's vehicle located a substantial distance from the doorstep of his home where he was arrested could not be justified as a search incident to arrest.

Accepted Answer

The search of a vehicle located a substantial distance from the arrestee's home cannot be justified as a search incident to arrest, according to the United States Supreme Court's ruling in Arizona v. Gant. Such a search requires a separate warrant or other justification.

Question 16

An officer arrests the driver of a vehicle,handcuffs the driver,and places him/her in the backseat of the police car.The arrest is for a crime in which no evidence of the alleged offense could be located in the driver's vehicle.The officer

Accepted Answer

The Gant decision limits vehicle searches incident to arrest, allowing them only if the arrestee is unsecured and within reaching distance of the passenger compartment at the time of the search, or if it is reasonable to believe the vehicle contains evidence of the offense of arrest.

Question 17

If officers make an arrest within a premises,they may make a protective sweep of other rooms within the premises to search for an accomplice

Accepted Answer

Officers must have articulable facts on which to base reasonable suspicion that others may be present in order to conduct a protective sweep of other rooms within a premises during an arrest. This is in accordance with the Fourth Amendment's protection against unreasonable searches and seizures.

Question 18

?Which of the following is a true statement about searches of a companion of an arrested person?

Accepted Answer

Some courts follow the automatic companion rule, whereas other states require reasonable suspicion that the companion is armed and dangerous. This means that there is no uniform standard for searches of companions of an arrested person and it can vary by state and court.

Question 19

A police officer has arrested a woman in her car for driving while intoxicated.Incident to the arrest:

Accepted Answer

Incident to the arrest of a person, a police officer may search the individual and the area within the arrestee's immediate control, including the passenger compartment of the car and any containers therein, whether open or closed, without a warrant. This is known as the "automobile exception" to the warrant requirement. As the woman was arrested for driving while intoxicated, the officer may search the passenger compartment and any open or closed containers in the car.

Question 20

A police officer has arrested a man for unlawful possession of narcotics.The arrestee is carrying a suitcase.The officer removes the suitcase from the arrestee's possession and transports the arrestee and the suitcase to the police station.An hour later,after booking the arrestee

Accepted Answer

The officer may search the suitcase only with a warrant because the search is not contemporaneous with the arrest and the arrestee no longer has access to the suitcase, thus requiring a warrant or an exception to the warrant requirement.

Quiz 7: Arrests, Searches Incident to Arrest, and Protective Sweeps