Question 1

Officers knock on a door of an apartment being rented by a male suspect.A female opens the door and the officers ask her if the suspect is home.She says "Not right now," but the officers don't believe her and want permission to enter and look for themselves.They have no warrant or other justification.They should first

Accepted Answer

The answer of Officers knock on a door of an...

Question 2

?A landlord has _______________ to consent to a search of a tenant's premises or a seizure of the tenant's property during the period of the tenancy.

Accepted Answer

As a general rule, a landlord has no implied, actual, or apparent authority to consent to a search of a tenant's premises or a seizure of the tenant's property during the period of the tenancy. Without a warrant or the tenant's consent, law enforcement authorities generally cannot search the property or seize the property, except in certain limited circumstances such as when there is an imminent threat to public safety.

Question 3

In a consent search situation,the citizen consenting can tell the police not to go into a certain room,and the police must comply.

Accepted Answer

If the citizen consenting sets limitations or conditions on the consent, such as not allowing the police to enter a certain room, the police must abide by those limitations. Failure to do so could result in the evidence found during the search being thrown out in court.

Question 4

The prosecutor attempting to introduce into court evidence obtained as a result of a consent search must show beyond a reasonable doubt that the consent was voluntary.

Accepted Answer

The prosecutor must show by a preponderance of the evidence that the consent was voluntary, not beyond a reasonable doubt.

Question 5

Campus police at a state college have facts leading them to believe that a college student has marijuana in her shared dorm room.They want to search her room without a warrant.They

Accepted Answer

The answer of Campus police at a state college have...

Question 6

Without a signed consent form,the validity of the search is easily challenged.

Accepted Answer

A signed consent form is required to ensure that the search is legal and valid. Without it, there is no proof that the individual gave permission for the search to happen, and this can result in the search being deemed unlawful.

Question 7

An officer responds to a domestic disturbance call at a residence where college students are throwing a party and is granted permission to enter and "walk around".Which of the following statements is true?

Accepted Answer

The renter of the residence has the right to revoke consent for the officer to be on the premises at any time. This means that if the renter asks the officer to stop walking around and leave, the officer must comply and exit the premises. The officer does not have the right to search through personal belongings or enter areas of the residence that are not readily accessible, such as basements or attics, without obtaining a warrant or obtaining consent from the renter.

Question 8

If a motorist is too intoxicated to drive,they are automatically too intoxicated to give valid consent.

Accepted Answer

The determination of whether someone is too intoxicated to give valid consent varies by jurisdiction and context, and being too intoxicated to drive does not automatically mean a person is too intoxicated to give valid consent in other situations.

Question 9

A person voluntarily consenting to a search may later contest the search on constitutional grounds,even though consent was given.

Accepted Answer

The answer of A person voluntarily consenting to a search...

Question 10

The police arrive at the residence of two roommates.The police do not have a warrant,nor do they have probable cause.One roommate gives consent to enter and search,but the other roommate does not consent,and in fact,tells the police that they may not enter the residence.The police:

Accepted Answer

The police cannot enter and search the residence without a warrant or probable cause, and they cannot use the consent of one roommate to override the objection of the other. Therefore, the best choice is D, which states that the police cannot enter the residence to search.

Question 11

A person may specifically authorize another individual to consent to a search of the person's property.

Accepted Answer

This is known as a third-party consent search and is allowed by law if the person giving consent has the authority or control over the property being searched.

Question 12

Evasive or uncooperative conduct on the part of the person in custody is considered to indicate that the consent is not voluntary.

Accepted Answer

Evasive or uncooperative conduct suggests that the person is not freely giving their consent, which would make it involuntary.

Question 13

Officers knock on an apartment door looking for a male suspect.A female opens the door and the officers learn from her that the suspect is not present and that she is his live-in girlfriend.The officers want valid consent to search.They

Accepted Answer

The officers may obtain consent from the girlfriend, as she is a resident of the apartment and has apparent authority to give consent to search. They do not need to wait for the suspect to return or inquire about her financial contributions. Asking the apartment manager is not necessary as the girlfriend is present and able to grant consent.

Question 14

Consent to look around in the trunk of the car for stolen coins amounts to consent to search any containers in the trunk as well.

Accepted Answer

This concept is known as the "automobile exception" to the Fourth Amendment's warrant requirement, which allows the police to search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime. In this case, if the person gives consent to search the trunk for stolen coins, they have also given consent to search any containers in the trunk where the coins could be hidden.

Question 15

The only person able to give a valid consent to search is the person

Accepted Answer

The person whose privacy will be invaded is the one who can give valid consent, as they have the right to control access to their personal space and belongings.

Question 16

A high school principal summons the police to be present when the locker of one of the students is opened.The student was suspended for stealing from other students and the principal wants to see if there is any stolen property in the locker.The officer should advise the principal

Accepted Answer

In a school setting, lockers are typically considered school property, and school officials can search them without a student's consent if they have reasonable suspicion of a rule violation.

Question 17

?Consent given based on a false belief that an officer has a right to search is still considered voluntary consent.

Accepted Answer

The answer of ?Consent given based on a false belief...

Question 18

Officers have stopped a motorist and recognize him from a previous drug arrest.They ask and he consents to a search of the car.Just as an officer is about to reach under the passenger seat the suspect says,"Stop.I've changed my mind.No more search." The officers

Accepted Answer

Once the suspect withdraws consent, the officers must immediately stop the search and not use the withdrawal as an excuse to detain the suspect further. The officers do not have probable cause to search the car based on the previous drug arrest or the fact that the suspect withdrew consent, nor can they justify the search under Belton without an arrest. Therefore, they must release the driver and cannot impound the car without a lawful reason.

Question 19

An officer receives permission from the resident of an apartment to "walk around".This permission allows the officer to

Accepted Answer

The permission to "walk around" only allows the officer to observe items in plain view, meaning they do not have to search anything or anyone. If the officer sees something in plain view that is evidence of a crime or a stolen item, they may seize it. However, this permission does not allow the officer to search anyone or anything without a warrant or probable cause.

Question 20

An employer may consent to a search of any part of the employer's premises over which the employer has exclusive control,but may not consent to a search of an area that the employer has joint authority and control together with a particular employee.

Accepted Answer

An employer can consent to a search of areas over which they have authority, including areas of joint control with an employee, but the extent of this consent and its legality can depend on the specifics of the situation and jurisdiction.

Quiz 9: Consent Searches