Question 1

A warrantless search can be made incident to _____________.

Accepted Answer

According to the Fourth Amendment, a warrantless search is permitted if it is made incident to a lawful arrest. This means that if law enforcement officials make a lawful arrest, they are allowed to conduct a search of the immediate area, which might include the arrestee's person or the area immediately surrounding them. This exception to the warrant requirement is meant to ensure officer safety and to prevent the destruction of evidence. Searches made without a lawful arrest or without reasonable suspicion are generally considered to be unconstitutional.

Question 2

An officer wants to institute a search incident to an arrest. The search must occur _______________.

Accepted Answer

A search incident to an arrest must be conducted contemporaneously with the arrest. This means that it should occur at the same time as the arrest or very soon after, while the suspect is still in custody or in the process of being taken into custody. There is no specific time limit, such as 24 or 48 hours, and the search should not be delayed unnecessarily after the arrest. However, it must be conducted as part of the arrest process and based on the same reasons that justified the arrest, such as probable cause or a lawful arrest warrant.

Question 3

An officer arrests an offender. The officer can search the _____________.

Accepted Answer

When an officer arrests an offender, they have the authority to search the person who has been arrested as well as their clothing. This is done to ensure the safety of the officer and others present, and to locate any potential evidence related to the offense. Additionally, if the arrest occurred on a premise that is under the control of the offender, such as a home or car, the officer may also search that area to collect evidence related to the offense.

Question 4

A(n) _______________ is the voluntary consent of an individual to forgo his or her constitutional rights in a specific circumstance.

Accepted Answer

A waiver is a voluntary relinquishment or surrender of some known right or privilege. In the context of constitutional rights, an individual may choose to waive their rights in a specific circumstance, such as agreeing to a search or waiving their right to remain silent during questioning by law enforcement. The other options, rights removal, abrogation, and termination of rights, do not accurately describe the voluntary nature of a waiver.

Question 5

An individual consents to a search of a vehicle. The individual states that the officer can search only the trunk. The officer can then legally search the _____________.

Accepted Answer

When an individual consents to a search of a vehicle and places limitations on that search, such as only allowing the trunk to be searched, the officer can only legally search the area explicitly permitted by the individual. In this scenario, the individual only gave consent to search the trunk, so the officer cannot expand the search to include the passenger or engine compartment. Therefore, the answer is only (C) trunk.

Question 6

Warrantless searches of motor vehicles are governed by standard of _____________.

Accepted Answer

Warrantless searches of motor vehicles require probable cause, which means there is a reasonable belief that the vehicle contains evidence of a crime. This is different from reasonable suspicion, which is a lower standard that allows for brief stops and searches. Mobile suspicion and expected destruction are not valid standards for warrantless searches of motor vehicles.

Question 7

An officer stops a vehicle to issue a citation. That officer can institute a search _____________.

Accepted Answer

An officer can conduct a search if probable cause develops, meaning there is a reasonable basis to believe that a crime has been committed or that evidence of a crime is present in the vehicle.

Question 8

In which case did the U.S. Supreme Court rule that the temporary detention of a vehicle for a traffic violation is not unreasonable, even if a reasonable officer would not have stopped the vehicle without more?

Accepted Answer

The U.S. Supreme Court ruled in Wren v. U.S. that the temporary detention of a vehicle for a traffic violation is not unreasonable, even if a reasonable officer would not have stopped the vehicle without more.

Question 9

A(n) __________________ is an exception to the rule that searches without a warrant are per se unreasonable.

Accepted Answer

Exigent circumstances refer to emergency situations where law enforcement officers have probable cause to believe that evidence, contraband, or a suspect will be lost or escape if they do not act immediately. In these circumstances, a warrantless search may be considered reasonable under the Fourth Amendment.

Question 10

An officer performs a traffic stop. As she approaches the vehicle, she notices an illegal handgun sitting in the passenger seat of the vehicle. The officer seizes the evidence. This evidence was __________________.

Accepted Answer

The evidence was in plain view, meaning that the officer did not need a warrant or probable cause to seize it. It was visible to the officer from a position where she had a legal right to be. Therefore, the seizure was legal.

Question 11

A(n) ______________ is an area that is not protected by the Fourth Amendment. This property is not a house or curtilage.

Accepted Answer

Open fields are not protected by the Fourth Amendment as they are not considered private property. The other choices, yard, porch, and toolshed in a yard, may be considered curtilage, which is afforded some protection under the Fourth Amendment.

Question 12

Terry v. Ohio provided the rationale that led to the practice of __________________.

Accepted Answer

Terry v. Ohio established the legal basis for stop-and-frisks, which allow officers to briefly detain individuals and pat them down if they have reasonable suspicion of criminal activity or danger. The decision did not authorize warrantless arrests, inventory searches, or open field searches.

Question 13

Consent to search can be given by:

Accepted Answer

All three options (spouse, adult child, roommate) have the potential to give valid consent to a search of the home as long as they are present and have authority over the areas being searched. Therefore, the best choice is D, all of the above.

Question 14

The search of baggage and passengers at an airport is considered ______________.

Accepted Answer

The search of baggage and passengers at an airport is considered constitutional as it is a necessary measure for ensuring security and safety at airports. These searches are conducted with the aim of preventing the entry of illegal items and dangerous materials on board an aircraft.

Question 15

A firearms dealer, gun store, or liquor store is an example of a _______________.

Accepted Answer

Firearms dealers and gun stores are subject to strict federal and state regulations, such as background checks, record-keeping requirements, and waiting periods. Liquor stores are also regulated to ensure compliance with laws related to alcohol sales and distribution. These types of businesses are considered pervasively regulated because of the high potential for harm associated with their products.

Question 16

One of the rationales for allowing warrantless searches incident to a lawful arrest is that these searches protect the arresting officer.

Accepted Answer

The rationale for allowing warrantless searches incident to a lawful arrest is to protect the arresting officer by ensuring their safety and preserving any evidence that may be at risk of destruction.

Question 17

An officer can arrest an individual for the sole purpose of performing a search.

Accepted Answer

An officer cannot arrest an individual solely for the purpose of performing a search. They must have probable cause to make an arrest and a warrant or a recognized exception to the warrant requirement to perform a search.

Question 18

An officer lawfully arrests an individual at his home. The officer then transports the individual to a jail. The officer returns in two weeks to search the home because it was the setting of the arrest. The officer searches the whole home. This search was not legal or constitutional.

Accepted Answer

The search was not legal or constitutional because it was conducted without a warrant, consent, or exigent circumstances, violating the Fourth Amendment's protection against unreasonable searches and seizures.

Question 19

An officer lawfully arrests a driver of a car. The officer searches the driver's person as well as the area immediately within reach of the driver of the car. This search was not legal or constitutional.

Accepted Answer

The search conducted by the officer was lawful and constitutional under the search incident to arrest exception to the Fourth Amendment's warrant requirement.

Question 20

An officer can perform a search incident to an arrest for any crime no matter how serious or trivial.

Accepted Answer

The ability of an officer to perform a search incident to an arrest is generally limited by the need to protect officer safety and prevent the destruction of evidence. The seriousness of the crime can affect the scope and justification for such searches, and not all situations justify a full search.

Quiz 7: Search and Seizure Without a Warrant