Aj004 ch7
In which ways do search warrants and arrest warrants treat probable cause?
all of these answers are correct
Which of the following is NOT a "special needs beyond law enforcement" exception?
border
Which of the following is NOT common to both search warrants and arrest warrants?
they both expire
A warrantless search by an officer of a probationer's apartment supported by reasonable suspicion and authorized the judge as a condition of probation, is valid.
true
There can be a search without a seizure.
true
In a voluntary consent situation, voluntariness is determined by looking at the:
totality of the circumstances.
The contents of an affidavit must be sufficient to allow an independent evaluation of probable cause by a(n):
magistrate
Airport searches require which of the following?
none of these answers are correct
The general rule is that searches and seizures can be made:
only with a warrant
The U.S. Supreme Court has held that the only requirement public high school officials need for a valid search of students is:
reasonable grounds
Which of the following is NOT an exception to the warrant requirement?
search of a home
Reasonableness governs the scope of a search.
true
Some state statutes permit no-knock warrants.
true
Some types of searches do not need a warrant.
true
The Chimel rule holds that a warrantless search incident to arrest is valid if limited to the area of immediate control, meaning the area from which the person might be able to obtain a weapon or destroy evidence.
true
The distinction between a search and a seizure can be summarized as follows: Search is looking, whereas seizure is taking.
true
The general rule is that searches and seizures can be made only with a warrant.
true
There is no constitutional requirement that a warrant application must be in writing.
true
There is no need for a search warrant or for probable cause to conduct dog sniffs at airports.
true
A custodial search may be deemed "incident to arrest" even when carried out later than the time of arrest, if there was a:
valid reason for the delay
Warrantless searches with consent are valid, but the consent must be which of the following?
voluntary
Which of the following is "mere" evidence?
Blood stained clothing and shoes
Which of the following may be searched after a valid arrest?
Both their body and the immediate area
The leading case on searching the area within the person's immediate control is:
Chimel v. California
Under the Fourth Amendment, a seizure is:
a meaningful interference with a possessory interest in property.
There is no search within the meaning of the Fourth Amendment if police use drug-detection dogs, as long as the police:
are legally at the location.
Searches and seizures by private citizens acting solely on their own:
are not covered by the Fourth Amendment.
Whether or not a consent to search is valid is determined by:
examining the totality of the circumstances.
Search warrants:
must be executed or served in a reasonable fashion.
The general rule regarding searches when applied to searches of computers is that officers must:
obtain a search warrant.
The exception for exigent circumstances applies when there is some kind of emergency situation that makes _____ dangerous, useless, or unnecessary.
obtaining a search warrant
A search warrant is issued by a magistrate on the basis of a _____ signed and prepared by a police officer.
sworn affidavit
Under the exception for a search incident to a lawful arrest, officers may search:
the area in which the suspect could reach to obtain a weapon or destroy evidence.
If a suspect is lawfully arrested in an automobile, the police may search:
the entire passenger compartment and open any containers therein.
A police officer who wanted to obtain a warrant immediately to search a location, on the expectation that contraband will arrive there later, would seek a(n) _____ search warrant.
anticipatory
A prescriptive search warrant is a warrant obtained based on probable cause and on an expectation that seizable items will be found at a certain place at a certain time.
false
A search is a meaningful interference with a person's right to possess property.
false
A search is limited to homes, offices, buildings, or other enclosed places.
false
A search of a person's body after an arrest is valid; body cavity searches need no further justification.
false
A search warrant is directed to a law enforcement officer and must state the grounds for issuance and the names of the suspects.
false
An anticipatory search warrant can be based on reasonable suspicion.
false
Fruits of the crime includes a suspect's clothing.
false
No-knock searches always violate the Fourth Amendment.
false
Once given, consent to search cannot be withdrawn.
false
Search is defined as the exercise of dominion or control by the government over a person or thing because of a violation of law.
false
Search requires probable cause, but seizure requires reasonable suspicion.
false
The U.S. Supreme Court has clearly ruled that the search and seizure of text messages in a cell phone does not require a warrant.
false
The right to privacy is NOT a constitutional right.
false
The right to privacy is stated in the Fourth Amendment to the U.S. Constitution.
false
When serving a warrant, officers must always knock and announce their presence.
false
In 2005, the U.S. Supreme Court held that a dog sniff conducted during a lawful traffic stop that reveals no information other than the location of an illegal substance that no individual has any right to possess does not violate the:
fourth amendment
Police officers may search computers without a warrant in which of the following situations?
if they have a valid consent
Hot pursuit or fresh pursuit is an exception to the warrant requirement.
true
Which of the following groups have undiminished constitutional rights?
colleges students
In searches and seizures without a warrant, who has the burden of proof regarding probable cause?
the police
In general, searches and seizures of computers have __ legal requirements as any other type of seizures.
the same
A search by an off-duty peace officer is still considered to be a search by a government official.
true
A search cannot last indefinitely, with or without a warrant.
true
Exigent circumstances constitute an exception to the warrant requirement.
true
Generally, four types of things can be searched and seized.
true
