Question 1

Automobiles fall under the exception to the warrant requirement because

Accepted Answer

Automobiles are subject to government regulation such as registration, licensing, and safety inspections, which creates a reduced expectation of privacy. Additionally, vehicles are mobile and easily moveable, which makes it difficult for law enforcement to obtain a warrant in a timely manner. Therefore, the exception to the warrant requirement allows for law enforcement to search automobiles without a warrant, but still adhering to limitations such as probable cause and reasonable suspicion.

Question 2

Which case was the first to identify automobiles as unique for search and seizure?

Accepted Answer

In Carroll v. United States (1925), the Supreme Court held that the Fourth Amendment did not require a warrant for the search of a vehicle because of its mobility and the difficulty of obtaining a warrant in those circumstances. This case established the "automobile exception" to the warrant requirement, recognizing vehicles as unique for search and seizure purposes.

Question 3

____________________________ is needed to search a vehicle without a warrant.

Accepted Answer

The Fourth Amendment of the US Constitution protects citizens from unreasonable searches and seizures, and a search warrant is generally required to search a vehicle. However, in certain circumstances, such as when there is probable cause to believe that contraband or evidence of a crime is present in the vehicle, a warrantless search may be conducted. Therefore, probable cause is needed to search a vehicle without a warrant.

Question 4

Which of the following may be subject to search during a valid vehicle search?

Accepted Answer

During a valid vehicle search, all areas of the vehicle may be subject to search. This includes the trunk, glovebox, and backseat, as well as any other areas of the vehicle that are accessible and could potentially contain evidence of a crime.

Question 5

In which of the following cases did the Supreme Court expand police power to search containers in vehicles?

Accepted Answer

California v. Acevedo (1991) expanded police power by allowing officers to search containers within vehicles without a warrant if they have probable cause to believe the container holds contraband or evidence.

Question 6

In which case did the Supreme Court determine that police may search the passenger compartment of a car and the contents if it is incident to a lawful arrest?

Accepted Answer

The Supreme Court determined in New York v. Belton (1981) that police may search the passenger compartment of a car and the contents if it is incident to a lawful arrest.

Question 7

A totality of the circumstances is required to prove what?

Accepted Answer

A totality of the circumstances is required to prove reasonable suspicion, which is a standard used by law enforcement to justify a brief stop and frisk of an individual. This standard requires a combination of observable facts and information that would lead an officer to reasonably suspect that criminal activity is occurring or about to occur.

Question 8

_______________________ is a brief inspection of a vehicle for weapons.

Accepted Answer

A protective sweep is a quick search for weapons or potential danger in a certain designated area such as a vehicle. A clean sweep refers to a more thorough and comprehensive search of an area or location. A pat down is a physical search of a person's body for weapons or contraband. An inventory search is a detailed inspection of a vehicle's contents for evidence or contraband, usually done after an arrest has been made.

Question 9

In part to protect the owner's property and to protect the police, _________________________ are permissible without a search warrant when the vehicle is in police custody.

Accepted Answer

Inventory searches are permissible without a search warrant when the vehicle is in police custody in order to protect the owner's property by creating a record of the items in the car and to protect the police from any dangerous items that may be inside. A pat down search is only for the purpose of ensuring officer safety and is conducted on a person, not a vehicle. An occupancy search and an investigatory search both require a search warrant unless there are exigent circumstances present.

Question 10

In which case was a K-9 unit used to detect marijuana in a vehicle?

Accepted Answer

In the case of Illinois v. Caballes, a K-9 unit was used to detect the presence of marijuana during a routine traffic stop. The Supreme Court ruled that the use of the K-9 unit did not violate the Fourth Amendment, as a dog sniff does not constitute a Fourth Amendment search.

Question 11

All of the following are required for a consent search to be valid except

Accepted Answer

The statement "the person must be told they do not have to consent to the search" is incorrect. In a consent search, the person is not required to be informed that they may refuse to give consent. However, the other options listed are correct requirements for a valid consent search: it must be freely and voluntarily given, and by someone who has authority over the item being searched.

Question 12

Which of the following is a legitimate reason for a governmental roadblock?

Accepted Answer

Border stops, apprehending a fleeing felon, and driver's license checks are all considered legitimate reasons for a governmental roadblock. Border stops are used to prevent illegal entry into a country, while apprehending a fleeing felon is essential for public safety. Driver's license checks are performed to ensure that drivers are legally allowed to operate their vehicles.

Question 13

Check points and roadblocks are valid under which amendment?

Accepted Answer

Checkpoints and roadblocks are considered searches under the Fourth Amendment, which protects against unreasonable searches and seizures.

Question 14

A checkpoint can

Accepted Answer

The answer of A checkpoint can
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Question 15

According to Colorado v. Bertine, _____________________ governs inventory searches.

Accepted Answer

According to Colorado v. Bertine, inventory searches are governed by departmental policy.

Question 16

All automobile searches require a warrant.

Accepted Answer

Automobile searches do not always require a warrant, as there are exceptions such as if the owner gives consent, if there is probable cause or exigent circumstances present.

Question 17

Police officers cannot stop an automobile without justification.

Accepted Answer

According to the Fourth Amendment of the U.S. Constitution, police officers cannot stop an automobile without reasonable suspicion or probable cause of a crime or traffic violation.

Question 18

Motorcycles may be searched in the same way as automobiles.

Accepted Answer

Motorcycles are considered vehicles and can be subject to stops and searches by law enforcement in the same way as automobiles.

Question 19

Inventory searches of vehicles require a warrant.

Accepted Answer

Inventory searches of vehicles are an exception to the warrant requirement as long as they are conducted according to standardized procedures established by law enforcement agencies. However, if the officer has reason to believe the vehicle contains evidence of a crime, a warrant may be necessary.

Question 20

Once a citizen gives consent to search a vehicle, they cannot withdraw consent.

Accepted Answer

A citizen can withdraw their consent at any time before or during the search. Once they withdraw their consent, the search must cease.

Quiz 5: Exceptions to the Warrant Requirement: Automobile Searches