Arrest, Search, and Seizure

Before executing a search warrant at a private residence, the police must __________ knock and announce their presence

Ordinarily

All warrantless arrests made inside an arrestee's home are:

Presumed invalid, but that presumption may be rebutted

The Fourth Amendment prohibits unreasonable searches and seizures. Generally, for a search to be valid, it must be pursuant to a warrant issued by a neutral and detached magistrate and based on probable cause to believe that seizable evidence or fruits of a crime will be found on the premises to be searched. However, the Supreme Court has carved out a number of exceptions to this rule. Under the exception to the warrant requirement for searches incident to arrest, which of the following statements is true?

The exception applies after any constitutional arrest.

What is the remedy for an unlawful arrest?

The government generally cannot use at trial evidence that was discovered during the arrest

Which of the following statements is true with regard to the execution of a search warrant?

The police need not always knock and announce their presence before entering a home.

If the police make an unlawful arrest, __________.

generally they cannot use evidence at trial that was discovered during the arrest

What standard must the police meet in order to seize a person for investigatory purposes?

The police may not seize a person for investigatory purposes unless they have at least reasonable suspicion to investigate based on articulable facts

If the police do not have probable cause to make an arrest, which of the following statements best reflects their ability to stop a person for investigatory purposes?

The police may stop a person for investigatory purposes if they have at least reasonable suspicion to investigate based on articulable facts.

Under the plain view exception to the warrant requirement, which of the following is not required?

The police must have inadvertently discovered the item.

If a police officer makes a traffic stop as a pretext to investigate some other crime for which the officer lacks probable cause:

The stop will be valid if the officer had probable cause to make the traffic stop

May a police officer ever stop an automobile for investigatory purposes without reasonable suspicion to investigate?

Yes, if she makes the stop on a neutral, articulable basis to investigate a problem closely related to the mobility of automobiles

Can a police officer make a Terry stop (i.e., an investigatory detention) based on a tip from an informer?

Yes, if the tip is accompanied by indicia of reliability.

The exclusionary rule is a __________.

judge made rule providing that evidence obtained in violation of the Fourth, Fifth, or Sixth Amendment generally may not be admitted into evidence

If a police officer submits an affidavit to a magistrate to obtain a search warrant, what must that affidavit include?

Enough information to allow the magistrate to make a common sense determination of probable cause

The police may search without a warrant if they have proper consent to do so. For consent to be proper, it must be all of the following except __________.

Given after notice of the right to refuse consent

Under what circumstances is a police officer permitted to search the inside of a vehicle after arresting an occupant of the vehicle?

If the arrestee is not secured or the police officer has reason to believe that the vehicle harbors evidence related to the crime of arrest

Assume that an officer has reasonable suspicion to conduct a Terry stop. Under what circumstances may the officer also frisk the person he has stopped?

If the officer reasonably believes that the suspect is armed and dangerous

A police officer can make a Terry stop based on an informer's tip as long as the tip is accompanied by:

Indicia of reliability

There is a catch-all category of permissible warrantless searches for situations in which there is no time to obtain a warrant because quick action is needed. Which of the following is not included in this exception?

Investigating a murder scene.

The standard of suspicion needed for searching students in public schools is __________ the ordinary probable cause standard.

Lesser than

If the police have probable cause to search an automobile, they __________ search the __________ belongings as well.

May; driver's or passenger's

An immigration officer may:

Search a vehicle at the border for illegal aliens or contraband even absent reasonable suspicion

Which of the following statements is true about the ability of the police to stop an automobile without reasonable suspicion?

Such stops must be made on a neutral, articulable basis

The police suspect that Defendant is involved in dealing illegal drugs. Which of the following police actions most likely constitutes a search for Fourth Amendment purposes?

Use of a thermal imager to photograph the inside of Defendant's home

Under the exclusionary rule, evidence obtained from executing a defective search warrant:

Will not be suppressed if the police acted in good faith in relying on the warrant

Is either of the following scenarios likely to be considered a seizure for Fourth Amendment purposes? Scenario A: A police officer turns on his squad car's overhead lights as the squad approaches a suspect, and the suspect runs. Scenario B: A police officer approaches a suspect and draws her revolver, orders the suspect to stop, and the suspect complies.

Yes, B only

May a police officer constitutionally stop an automobile for violation of a traffic law with the actual goal of investigating a crime for which the officer lacks reasonable suspicion to justify the stop?

Yes, as long as the officer has probable cause to believe that a traffic law has been broken.

Under the exclusionary rule, a police officer's reliance on a defective search warrant will most likely be found to be in good faith if:

a court later finds that, on balance, the issuing magistrate erroneously found sufficient probable cause to issue the warrant.

The Supreme Court allows public school officials to conduct searches on reasonable grounds. To be reasonable, a search by officials in a public school must satisfy all the following requirements except __________.

be based on probable cause

Under the exclusionary rule, if a search warrant was defective __________.

evidence obtained from executing the warrant will not be suppressed if the police acted in good faith and reasonably relied on the warrant

For Fourth Amendment purposes, one has a reasonable expectation of privacy in __________.

the feel of one's luggage

If a police officer has an articulable reasonable suspicion of a person's involvement in criminal activity, the officer may stop the person (a Terry stop). When making such a stop, the officer may also perform a pat down (i.e., frisk) of the suspect's outer clothing __________.

to search for weapons, but only if the officer has reason to believe that the suspect is armed and dangerous

For Fourth Amendment purposes, which of the following people is least likely to be found to have a reasonable expectation of privacy in the place searched?

A person who came to the premises that were searched to buy illegal drugs.

Which of the following is most likely to be found to be a seizure for purposes of the Fourth Amendment?

A police officer approaches a suspect and draws her revolver, orders the suspect to stop, and the suspect complies.

Which of the following statements is true regarding warrantless arrests in public places?

A police officer may make a warrantless felony arrest when she has probable cause to believe that a felony has been committed and that the person before her committed it.

The Fourth Amendment prohibits unreasonable searches and seizures. The Supreme Court has held that only a person with a reasonable expectation of privacy in a place searched or an item seized can challenge a search or seizure on Fourth Amendment grounds to bar the use of the fruits of the search as evidence at trial. An intrusion into a place or thing in which the defendant does not have a reasonable expectation of privacy is not considered a search for Fourth Amendment purposes. Which of the following is most likely to be found to constitute a search under the Fourth Amendment?

Use of a thermal imager to photograph the interior of a home.

In which of the following cases are the pictures least likely to be suppressed under the Fourth Amendment?

A private citizen breaks into his neighbor's garage hoping to recover a lawnmower that the citizen loaned to the neighbor, discovers a printing press counterfeiting money, takes pictures of the press, and gives them to the police.

In which of the following situations is a police officer's reliance on a defective search warrant most likely to be found to be in good faith?

If a court later finds that, while there was some evidence of probable cause, on balance, there wasn't quite enough to justify issuance by the magistrate

Although government-required drug testing constitutes a search, the Supreme Court has upheld such testing without a warrant, probable cause, or even individualized suspicion when justified by "special needs" beyond a general interest of law enforcement. In which of the following cases is a court least likely to find a special need justifying a warrantless drug test?

Politicians running for public office.

An immigration officer may search a vehicle for illegal aliens without probable cause for the search:

At the border or its functional equivalent only

The exclusionary rule __________ when the police arrest or search someone __________.

Does not apply; erroneously but in good faith

When is a warrantless arrest in an arrestee's home valid?

If the government can show exigent circumstances justifying the in-home warrantless arrest

When may police conduct a warrantless search incident to arrest?

After any constitutional arrest

If police unlawfully stop a car filled with multiple occupants, and those occupants are all subsequently arrested and charged with crimes as a result of the stop, which of them has standing to raise the unlawful stop in an attempt to suppress admission of evidence found in the automobile?

Any occupant of the vehicle

A police officer may not stop a person for investigatory purposes unless the officer has:

At least reasonable suspicion to investigate based on articulable facts

Which of the following best reflects the standard for determining whether probable cause to arrest exists?

The officer must have knowledge of reasonably trustworthy facts and circumstances sufficient to warrant a reasonably prudent person to believe that the suspect has committed or is committing a crime for which arrest is authorized by law.

Which of the following statements is true if it is determined that a police officer stopped a vehicle for a minor traffic infraction that she witnessed only because she had a hunch the driver was transporting illegal drugs?

The stop is valid despite the officer's underlying goal

The __________ provides that not only must unconstitutionally obtained evidence be excluded at trial, but also all evidence obtained or derived from exploitation of that evidence.

Fruit of the poisonous tree doctrine