Question 1

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. Select the appropriate option for the officer.

Accepted Answer

The correct answer is D because the Gant decision limits the circumstances under which a vehicle can be searched incident to arrest. According to Arizona v. Gant, police may only search a vehicle incident to a recent occupant’s arrest if the arrestee is 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. Since the driver is already secured in the police car and no evidence related to the crime is expected to be found in the vehicle, the officer may not search the car.

Question 2

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

Accepted Answer

In most states, arrest warrants are required for misdemeanors that do not happen in the officer's presence. However, there are some exceptions, such as when the misdemeanor involves domestic violence or driving under the influence. It's always best to check the specific laws in your state to understand the requirements for arrest warrants.

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

This would be considered a Fourth Amendment violation known as a "pretextual search" and is not permissible under the incident-to-arrest exception. Officers must have an independent justification for the search beyond simply wanting to search a particular area or object.

Question 4

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, what may the officer search besides the man?

Accepted Answer

As incident to the arrest, the officer may search the immediate area around the arrestee, which includes the desk top and unlocked drawers of the desk. However, the locked drawer would require a separate search warrant unless there is probable cause that it contains evidence related to the crime for which the arrest was made. The officer cannot search areas beyond the immediate reach of the arrestee without a warrant or consent.

Question 5

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 6

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

Accepted Answer

The police may delay a search incident to arrest if they have a legitimate reason to believe that it would be safer or more effective to conduct the search later, such as waiting for backup to arrive or securing the premises. However, any delay must be reasonable and cannot be used as a pretext to obtain evidence illegally.

Question 7

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

Accepted Answer

Arizona v. Gant overturned the precedent set in New York v. Belton, which allowed police officers to search a vehicle and its containers incident to a lawful arrest of an occupant, even if the arrestee has been secured and cannot access the vehicle at the time of the search. Gant held that such a search is only permissible if the arrestee poses a threat to officer safety or there is reason to believe that evidence related to the arrest is in the vehicle.

Question 8

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

For an item to be validly seized during a search incident to arrest, the police must have probable cause to believe the item is evidence of a crime, contraband, or otherwise subject to seizure. They must recognize its evidentiary value at the time of the search.

Question 9

A police officer has arrested a woman in her car for driving while intoxicated. What may the officer search incident to the arrest:

Accepted Answer

The officer may conduct a search of the passenger compartment of the car and any open or closed containers therein incident to the arrest. This search is permissible under the Fourth Amendment as an exception to the warrant requirement. The purpose of the search is to ensure officer safety, prevent destruction of evidence, and to find any evidence that is relevant to the crime for which the arrest was made. Therefore, option A is the correct answer.

Question 10

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

Accepted Answer

A traffic citation does not constitute a custodial arrest, which is necessary to justify a search incident to arrest. Therefore, a search incident to arrest cannot be conducted solely based on a traffic citation.

Question 11

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, how should the officer treat the backpack?

Accepted Answer

The officer may search the backpack without a warrant or additional justification as part of the search incident to arrest doctrine, which allows officers to search the arrestee and the area within the arrestee's immediate control to prevent the concealment or destruction of evidence and to ensure officer safety.

Question 12

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 generally true. When a suspect is arrested, officers may search them and their immediate surroundings to ensure their safety and the safety of others, and to prevent the destruction of evidence or escape. This includes a frisk search for weapons and a full search of the person for any items that could be used as weapons or evidence. However, the scope and level of the search may vary depending on the circumstances and the type of crime involved.

Question 13

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

Accepted Answer

The automatic companion rule is not universally followed, and some states require reasonable suspicion that a companion is armed and dangerous before conducting a search. There is no mention of a precise test for establishing suspicion. Choice A is incorrect because a frisk is not always allowed without further justification. Choice C is incorrect because probable cause is not always required.

Question 14

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 Supreme Court in Arizona v. Gant (2009) held that police may search a vehicle incident to a recent occupant’s arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest. A vehicle located a substantial distance from the arrestee's location at the time of arrest would not meet these criteria, thus such a search could not be justified as a search incident to arrest.

Question 15

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, how should the officer treat the suitcase?

Accepted Answer

Once the arrestee and the suitcase are at the police station and time has passed, the exigencies justifying a search incident to arrest no longer apply. To search the suitcase, the officer would generally need a warrant unless other exceptions apply, which are not indicated in the provided options.

Question 16

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

As long as the officer had probable cause to make the arrest and did not act negligently, they are generally protected from civil liability even if it turns out that the person arrested did not commit the crime in question. However, if the officer acted recklessly or maliciously, they could potentially be held liable.

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 under what circumstance(s)?

Accepted Answer

The officers can only make a protective sweep of other rooms within the premises if they have articulable facts on which to base reasonable suspicion that others may be present. This is based on the Fourth Amendment's requirement of reasonableness in searches and seizures. The sweep must be limited in scope to areas where an individual could be hiding and must last no longer than necessary to dispel the reasonable suspicion of danger.

Question 18

The Gant v. Arizona (2009) case limited police ability to search a vehicle incident to arrest to under which of the following situations?

Accepted Answer

The Gant v. Arizona (2009) case ruled that police may search a vehicle incident to arrest only if the arrestee is unsecured and within reaching distance of the passenger compartment at the time of the search or if police have reason to believe the vehicle contains evidence of the offense for which the arrest was made.

Question 19

A police officer has made a custodial arrest of a person for a traffic offense. At this point, what may an officer search?

Accepted Answer

After a custodial arrest, an officer may search the arrestee's clothing, wallet, and anything in the arrestee's pockets for weapons, evidence, or contraband.

Question 20

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

Accepted Answer

The key question in deciding whether or not a warrant is required to open a container seized incident to arrest of a person is whether the container is both closely associated with the arrestee's person and still in the arrestee's immediate control. This was established in the Chimel v. California case, wherein the Supreme Court held that police may search an area within the arrestee's immediate control, which includes containers that are closely associated with the arrestee's person and are still within the arrestee's immediate control.

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