Question 1

Fourth Amendment jurisprudence is primarily concentrated in which the following areas?

Accepted Answer

The Fourth Amendment jurisprudence focuses on the warrant requirement, probable cause requirement, and the exclusionary rule, which are all fundamental aspects of search and seizure law.

Question 2

Which kind of search may be conducted if circumstances are such that the interests of society outweigh the invasiveness of the action?

Accepted Answer

Warrantless searches may be conducted under certain circumstances where the interests of society outweigh the invasiveness of the action, such as in cases of exigent circumstances or when the search falls under established exceptions to the warrant requirement.

Question 3

In which of the following situation are warrants not required?

Accepted Answer

Warrants are not required in all the listed situations: plain view (when evidence is in plain sight), inventory (when taking inventory of impounded vehicles or belongings of an arrested individual), and stop and frisk (when an officer has reasonable suspicion to believe a person is armed and dangerous).

Question 4

In the United States, investigative inquiries take all but one of the following forms?

Accepted Answer

Encounters are voluntary interactions with police, not involuntary.

Question 5

In which court case did the Court upheld the right of law enforcement authorities to conduct protective searches of individuals during investigative detentions?

Accepted Answer

Terry v. Ohio established the standard that police officers can stop and frisk a person for weapons if they have reasonable suspicion that the person is involved in criminal activity and poses a danger to the officers or others.

Question 6

Which Court case held that protective searches are limited in scope to those areas, places, and objects, which may reasonably conceal items dangerous to the police?

Accepted Answer

The answer of Which Court case held that protective searches...

Question 7

Immediate apparency was decided in which of the following Court case?

Accepted Answer

The answer of Immediate apparency was decided in which of...

Question 8

Evidence, which is in plain view, may be admissible in court if the officer was in a lawful position, the discovery was inadvertent, and the evidentiary value of the item was immediately apparent. This is known as:

Accepted Answer

The Plain View Doctrine allows law enforcement officers to seize evidence without a warrant if they are lawfully present at a location, discover the evidence inadvertently, and immediately recognize the evidence's incriminating nature.

Question 9

The time period immediately prior to the seizure of the individual in question, and is conducted immediately prior to the formal arrest of same is known as?

Accepted Answer

The time period immediately prior to the seizure of an individual, and conducted immediately prior to the formal arrest, is known as "Incident to arrest." This term refers to searches and other police procedures that are legally allowed without a warrant if they are closely connected to the time and reason for the arrest.

Question 10

Which area of searches incident to arrest, which has been consistently scrutinized by the Court, is that of?

Accepted Answer

The question refers to the area of searches incident to arrest that has been scrutinized by the Court, but none of the options provided (homes, hotel rooms, apartments) specifically fit this description. The scrutiny typically applies to the person and the area within their immediate control, rather than specific types of locations.

Question 11

The authority of police personnel to undertake a warrantless roadside search of an automobile was first established in:

Accepted Answer

The authority for police to conduct a warrantless roadside search of an automobile was first established in Carroll v. United States (1925), where the Supreme Court held that an automobile can be searched without a warrant if there is probable cause to believe it contains contraband or evidence of a crime, due to the vehicle's inherent mobility and the potential for evidence to be quickly moved out of law enforcement's reach.

Question 12

Searches, which are conducted by law enforcement personnel of an individual's personal belongings are known as?

Accepted Answer

Inventory searches are conducted by law enforcement personnel to catalog the personal belongings of an individual, often when they are taken into custody, to ensure that all personal property is accounted for and to protect the law enforcement agency against claims of theft or lost property.

Question 13

Which Court case held that "Consistent with the Fourth Amendment, it is reasonable for police to search the personal effects of a person under lawful arrest as part of the routine administrative procedure at a police station incident to booking and jailing the suspect? The justification for such searches does not rest on probable cause, and hence the absence of a warrant is immaterial to the reasonableness of the search"?

Accepted Answer

Illinois v. Lafayette (1983) held that it is reasonable under the Fourth Amendment for police to search the personal effects of a person under lawful arrest as part of the routine administrative procedure at a police station incident to booking and jailing the suspect. This decision emphasized that the justification for such searches does not depend on probable cause, and the absence of a warrant does not affect the reasonableness of the search.

Question 14

What type of search does not require probable cause, reasonable suspicion or an articulable justification?

Accepted Answer

Consent searches do not require probable cause, reasonable suspicion, or an articulable justification because the individual is giving their voluntary agreement to allow the search, thereby waiving their Fourth Amendment rights.

Question 15

What Amendment does not require that a lawfully seized defendant be advised that he is "free to go" before his consent to search will be recognized as voluntary?

Accepted Answer

The Fourth Amendment, which deals with search and seizure, does not require that a lawfully seized defendant be advised that he is "free to go" before his consent to search will be recognized as voluntary. It focuses on the reasonableness of the search and seizure itself, not on the advisement of rights like the Miranda warning under the Fifth Amendment.

Question 16

Factors, which may lessen or negate the certainty of voluntariness of a consent search or confessions, include:

Accepted Answer

All of the factors listed - low intelligence, length of detention, and the youth of the accused - can impact the voluntariness of consent or confessions, making them potentially less reliable or considered involuntary.

Question 17

Which Court case determined if police have the authority to request a search of personal luggage in the absence of reasonable suspicion or probable cause?

Accepted Answer

United States v. Drayton determined that police have the authority to request a search of personal luggage in the absence of reasonable suspicion or probable cause.

Question 18

When ownership of property is unclear, the Court has extended a limited authority to all but one of the following:

Accepted Answer

Landlords typically have more defined legal rights and responsibilities regarding property, so the court does not usually extend limited authority to them in cases of unclear ownership.

Question 19

Automobile inventories are only permissible if:

Accepted Answer

Automobile inventories are permissible when they follow legal procedures such as impoundment, are routine in nature, and are not intended to conceal investigatory motives outside the inventory's parameters.

Question 20

The Court has evaluated a variety of issues regarding the police use of checkpoints. The Court concluded all but one of the following:

Accepted Answer

The correct choice is B because the Supreme Court has generally allowed for the use of checkpoints by police under certain conditions, emphasizing the need for minimal intrusion and specific guidelines to prevent arbitrary enforcement. However, the statement that motorists could not choose to avoid such checkpoints due to their permanency is incorrect. The Court has recognized the importance of discretion for motorists to avoid checkpoints, thus not making them permanent fixtures.

Quiz 6: Warrantless Searches