Search and Seizure Exam

Slick breaks into Peewee's house in order to steal his laptop. Before unplugging the computer, he looks at the screen and sees child pornography. He is so disgusted that he leaves the house without the computer and runs to the police. He tells the desk sergeant what he has done and what he saw. Can the information provided by Slick be used to obtain a search warrant for Peewee's house?

ANSWER: YES No, because the information in the affidavit will have been obtained illegally. No, because Slick is a criminal and any information he provides cannot be reliable. No, because Peewee's expectation of privacy has been violated.

May an officer seize contraband, other than a weapon, during a lawful Terry pat down?

ANSWER: YES, WHEN IT IS IMMEDIATELY APPARENT TO THE OFFICER THAT THE ITEM IS CONTRABAND. Yes, but only in an emergency. No, pat downs are only for officers safety and must be limited to weapons. No, unless the person consents.

An example of an element of the "emergency" exception is:

An articulated fear that a verbal dispute will escalate into a battery. ANSWER: A SITUATION SUCH AS A FIRE OR THE POTENTIAL LOSS OF LIFE OR LIMB. Done with the implied consent of the person in charge. A lawful arrest.

A college intern is riding along with a police officer. At one point, the police officer assist with a search warrant at a residence. If the intern is a criminal justice major, the student may enter the house with the police officers and observe the search.

False

A man calls 911 to report that he and his wife have been attacked and robbed. Officers respond and find the man injured in front of the house. Inside the house they find the wife has been beaten to death. After getting the husband to the hospital, they search the residence without a warrant and find evidence against the husband. Based on these facts alone, the evidence discovered is admissible because the home was a crime scene.

False

A person has a reasonable expectation of privacy in the stall and common areas of a rest area bath room.

False

A police officer may frisk persons anytime the officer sense potential danger.

False

A police officer may frisk persons anytime the officer senses potential danger.

False

An affidavit for a search warrant describes the place to be searched as: 12505 Dearmyer Road, in Columbia Township, it is a one-story single-family dwelling. The residence is a single-story ranch tan in color with vinyl siding. During the search, officers find evidence in the pole barn on the property. This is a valid search.

False

An officer executes a search warrant seeking stolen guns and unexpectedly discovers material which she immediately recognizes as drugs. The officer may not seize the drugs until a second search warrant is obtained.

False

An officer sees a subject commit a misdemeanor traffic violation. The officer follows the subject who drives down a driveway and into a garage. The officer may automatically enter the garage to contact the driver.

False

At 2:00 a.m. on a quiet street, officer sees two cars stopped on the roadway. As the officer pulls behind the vehicles, one pulls away and drives into a nearby driveway. The officer follows the car into the driveway but does not activate his lights or siren. He steps out and contacts the driver who is determined to be intoxicated and arrested. This is considered a consensual encounter and the arrest is valid.

False

During a pat down, officers feel an object that they are not sure what it is. They remove it and find a digital scale used to measure drugs. This is considered a valid plain feel search.

False

During an argument, a subject shows his wife a handgun and says, "Maybe I should end my life right now." Wife leaves house and calls 911. The officers may enter and seize all the guns in the house while taking the subject into protective custody under the community caretaking function.

False

In an affidavit for a blood search warrant, an officer writes "it appears the driver is drunk." The magistrate questions the officer further under oath about facts not in the affidavit. The questioning was not recorded. The magistrate issues the warrant after determining that probable cause exists based on his questioning of the officer. This is a proper search warrant procedure.

False

Information from unidentified citizen-informants is not reliable for purposes of establishing reasonable suspicion. Information from unidentified citizen-informants may not be used by officers to establish reasonable suspicion of criminal activity.

False

It is not required that an affidavit for a search warrant specifically describe the property or thing to be searched so long as the police have a general idea and agree to pay for any damaged property.

False

Officer Martinez stops a vehicle for speeding. The driver has no license and is arrested for this misdemeanor violation. Officer Martinez searches the interior of the vehicle subsequent to the arrest and finds nothing. Searching the trunk, Officer Martinez finds 5 kilos of cocaine. Officer Martinez's department has no policy concerning inventorying vehicles. Based on these facts alone, the evidence discovered in the trunk is admissible in court.

False

Officers are dispatched to a subject who has been looking into parked cars. They find and stop him and then release him after they photograph him. This is valid police procedure under current law.

False

Police Officers deny Shovelday the ability to enter his house for two hours while they obtain a search warrant. Shovelday is only allowed to enter while accompanied by a police officer. The warrant is executes and 2.5 grams of cocaine is located. This evidence will be suppressed based on the Police Officers' denial of Shovelday's right to enter his house.

False

Police obtained a search warrant for a residence and executed it, finding the evidence they sought. The affidavit contained the correct address (the one searched), but the warrant itself erroneously contained an incorrect address. The evidence must be suppressed, regardless of any other facts and circumstances surrounding the preparation and execution of the warrant.

False

Police officers execute a search warrant that is later held to be invalid. The evidence will not be suppressed despite the invalid warrant if it was objectively reasonable for the police officers to rely on the warrant.

False

School officials, as well as private security guards who are licensed by the state, are the "government" for purposes of search and seizure law.

False

Sergeant Glassman arrested Geekus for driving without a license in his possession. During a subsequent search of the vehicle as part of an inventory search, Glassman snapped open the plastic casing surrounding the gear shift lever and located the drugs. The vehicle was not damaged. This was an improper search and the evidence should be excluded under the exclusionary rule.

False

The attachment of a GPS tracking device to a vehicle and use of the device to monitor a vehicle's movements does not constitute a search within the meaning of the Fourth Amendment.

False

There is no expectation of privacy in a hospital room. A patient may not claim an expectation of privacy in the drawers.

False

When executing a search warrant, police officers must always wait long enough for the people inside to reach the door from the room farthest away before kicking in the door.

False

Without more, probable cause to believe evidence will be found will always justify a search without a warrant

False

Narcotic detectives lawfully intercepted a package containing 28 pounds of heroin. The package had been shipped through the United Parcel Service and was to be delivered to 1940 Champaign Street in Wyandotte. The detectives placed inside the package a transmitter that would indicate when the package was opened. They resealed the package and obtained a search warrant that would allow them to search 1940 Champaign Street, but only after the package has been delivered and the transmitter has indicated the package has been opened. An undercover officer posing as a UPS driver delivered the package. When the transmitter indicated the package has been opened, detectives executed the warrant and found the 28 pounds of heroin and 22 additional pounds of heroin sitting on a table near the package. Assuming detectives did not exceed the scope of the warrant, which of the following may they properly seize?

Nothing, because probable cause was lacking at the time the detectives obtained the warrant. 28 pounds of heroin. ANSWER: 50 POUNDS OF HEROIN. 28 pounds of heroin, unless they obtain a second search warrant for the additional 22 pounds.

Which of the following will a court examine to determine whether an area outside a home is within the curtilage?

Proximity to the home. Location within an enclosure surrounding the home. The nature of the area's use. ANSWER: ALL OF THE ABOVE.

A police officer violates the knock and announce requirement. Which of the following is correct regarding the result?

The court is required to suppress the evidence. The court is not required to suppress the evidence. Civil litigation may result. ANSWER: BOTH B) AND C) ABOVE.

Michigan courts require when a search warrant is issued based on an affidavit containing information supplied by an informant, the affidavit must contain facts to show:

The information spoke with personal knowledge. The informant is credible. The information supplied is reliable. ANSWER: ALL OF THE ABOVE.

A police officer has a vehicle lawfully stopped. The vehicle contains the driver and two passengers. Which of the following is true?

The police officer has the right to order just the driver out of the vehicle, but only if the officer has reasonable suspicion that crime is afoot or the driver is armed. The police officer has the right to order the driver and passengers out of the vehicle, but only if the officer has reasonable suspicion that crime is afoot or the driver or passenger is armed. The police officer has the right to order just the driver out of the vehicle for any purpose. ANSWER: THE POLICE OFFICER HAS THE RIGHT TO ORDER THE DRIVER AND PASSENGERS OUT FOR ANY PURPOSE.

Police officers have reasonable suspicion that a person in a car just committed a crime. Which of the following is true?

The police officer may make investigatory stop of the vehicle. The police officer may stop the vehicle, but for no longer necessary to extinguish their suspicions or build probable cause. Reasonable suspicion is not required if the driver stops the car on his own and voluntarily contacts the police officers ANSWER: ALL OF THE ABOVE ARE TRUE.

A person has a reasonable expectation of privacy in garbage left for collection at the curb if the police pick up the garbage, but a person does not have a reasonable expectation of privacy in garbage if the trash collector picks up the garbage.

True

A police officer conducts a LEIN check of the license plate on the vehicle traveling in front of him. The check reveals that the registered owner has an outstanding felony warrant. It is nighttime and the police officer cannot see the driver. He may presume the driver is the wanted person and stop the car.

True

A police officer finds Nicklas walking on the shoulder of the freeway. She offers Nicklas a ride to a place off the freeway. Without any articulable facts indicating Nicklas is armed, the police officer can conduct a pat down of Nicklas before allowing him to get into the patrol car.

True

A police officer may conduct a full search of a person he or she arrests, including containers possessed by the person that are too small to hold a weapon or evidence of the crime for which the person was arrested.

True

A police officer may enter a suspect's residence to arrest him based on a misdemeanor arrest warrant. A police officer may not enter a suspect's residence to arrest him for a misdemeanor without a warrant, even if the police officer is actively pursuing the suspect.

True

After executing a search warrant, officers must file a tabulation with the issuing court, even in cases where no evidence is found.

True

After executing a search warrant, officers must file a tabulation with the issuing court, even in cases where no evidence was found.

True

An unnamed informant gave Officer Scott information regarding a large shipment of drugs that were to arrive on the 12:00 a.m. bus from Miami, Florida. The information included a description of the luggage the alleged drugs were in. Officer Scott's previous use of the information provided by this informant has proven credible and reliable. If a magistrate concludes that the informant spoke from personal knowledge, he may issue a search warrant.

True

Detectives want to search a suspect's checkbook for evidence of a bombing. They ask the suspect's wife for permission to look through the checkbook and she allows it. The checking account is jointly owned by the suspect and his wife. Any evidence obtained from the checkbook is admissible, even if the suspect was not present during the search.

True

During a traffic stop, a police officer may order the driver to exit the vehicle for safety reasons, even absent of probable cause or reasonable suspicion that the driver has committed a crime.

True

In regard to a reasonable expectation of privacy, the open fields doctrine stands for the proposition that a person has very little, if any, reasonable expectation of privacy in fields outside the curtilage of his home.

True

Officers are dispatched to a larceny complaint. They arrive at a house and walk up the driveway to the side door. As they knock on the door, they observe a tray with cocaine laying on the kitchen table. It is later determined that the officers went to the wrong residence for the larceny complaint. Their observation is valid and may provide the basis for ultimately seizing the drugs.

True

Officers receive information that Mr. Jitna is growing marijuana in a field 200 yards behind his house. The officers go around a gate and past a no trespassing sign and find marijuana in the field. This entry and subsequent seizure may be properly held to be valid if the marijuana was outside the curtilage of Jitna's home.

True

Officers respond to an assault complaint where a pistol may have been involved. As officers take information from the victim, the suspect's vehicle travels by. They stop the car and, after removing the driver, locate a pistol in the glove box. This is a valid search.

True

Parking enforcement wants to chalk tires of parked cars as part of their administrative duties. They would need a search warrant for this action.

True

Police are chasing a suspect for fleeing and eluding a police officer when the suspect runs into the house. The proper exception to use to pursue him and be able to admit any evidence seized from his house would be the "Hot Pursuit" exception.

True

Police observe several youths loitering in a known drug area. As police approach, one of the subjects takes off running and is observed tossing away a clear baggie containing a white powdery substance, later determined to be cocaine. The subject is later caught and objects to the admission of the drugs into evidence as the fruits of an improper seizure. Based on these facts alone, the court should uphold the seizure and allow the cocaine into evidence.

True

Police officers may make warrantless entries into a house when they have reason to believe a person inside is in need of immediate aid, and any evidence observed in plain view after officers enter will be admissible.

True

The victim of harassing phone calls requests that you listen to a call using another phone. You may do so based on her consent alone.

True

Ann was a murder suspect. After being questioned for a while, Ann invoked her right to an attorney. Officers later asked Ann for consent to search her car. Ann signed a consent form. Officers searched Ann's car and discovered numerous pieced of evidence. Will the evidence be suppressed?

Yes, all questions and requests must stop after Ann invoked her right to an attorney. ANSWER: YES, BECAUSE SHE INVOKED HER FIFTH AMENDMENT RIGHTS BUT NOT HIS FOURTH AMENDMENT ONES. No, because officers were not required to read Ann Mirands warnings in this situation. Both a) and b) above.

Fed up with her roommate's constant use of marijuana, Camilla (a waitress with no ties to police) searches their house and finds a large amount of the drug in a duffel bag and turns it over to police. The police charge the roommate with possession of the drugs. Should the evidence (the drugs) be excluded from trial?

Yes, because Camilla was clearly acting as a government agent. Yes, because the Fourth Amendment prevents Camilla from searching her roommate's bedroom without consent. ANSWER: NO, THE DRUGS SHOULD BE ADMISSIBLE IN COURT. No, because Camilla can always consent to a search of all parts of her house, including those in which her roommate lives.

Police property execute a valid arrest warrant for narcotics violations; they locate the suspect in his house and arrest him. The officers then check the house for additional occupants. While searching, they open the refrigerator and find 12 kilos of cocaine wrapped in individual bundles. Will the cocaine be admissible in court?

Yes, because the officer safety exception allows the search. Yes, since the arrest warrant was for drugs officers could search for drugs. ANSWER: NO, UNLESS THE REFRIGERATOR WAS LARGE ENOUGH FOR A PERSON TO HIDE INSIDE. No, because the officers had no reason to search once the arrest was made.

A woman called police to report that her boyfriend has assaulted her. When officers arrived, she used a key to open the suspect's apartment after telling the officers that she was assaulted in "our apartment." When they entered, the officers observed cocaine sitting on a table and the boyfriend was charged with possession of cocaine. Later, officers learned that the woman did not live in the apartment, that she did not have authority to enter, and that the key she used was taken without her boyfriend's knowledge. Will the cocaine be suppressed?

Yes, because the woman's entry was unlawful. Yes, unless the boyfriend was present and able to deny or revoke consent to the officer's entry. ANSWER: NO, BUT ONLY IF THE COURT FINDS THAT THE OFFICERS WERE REASONABLE IN RELYING ON THE WOMAN'S APPARENT AUTHORITY TO ENTER. No, because the officers should have waited until the boyfriend was home in order to obtain his consent to enter the apartment.