CH 5 Review Q's: Searches and Arrests Without Warrants

Sean and Julie are police officers who had obtained a warrant to arrest Mark and his accomplice. They arrived at his residence and served the warrant. Sean remained in the living room with Mark while Julie checked if Mark's accomplice was hiding in any of the other rooms in the house. She found narcotics on a desk in another room. This was used as evidence against Mark. Which of the following statements is true of the evidence obtained by Julie?

The evidence is permissible as it was in plain view and obtained while performing a protective sweep. (In Maryland v. Buie (1990), the Supreme Court ruled that the police may, as part of a search incident to arrest, look in areas immediately adjoining the place of arrest for other persons who might attack the officers.)

Which of the following is a characteristic of a drug courier according to the U.S. courts?

Using small denomination currency to purchase airline tickets (Purchasing airline tickets with a large amount of small denomination currency is a characteristic of drug couriers listed by the Fifth Circuit Court in Elmore v. United States.)

Which Supreme Court case first permitted warrantless hot pursuit searches?

Warden v. Hayden

An individual's ________ can be considered as evanescent evidence that permits a warrantless search.

blood-alcohol level

James, a 20-year-old, was taken into custody for fleeing the scene of an accident. The officers took a sample of his blood to check his blood-alcohol level. They performed the test without a warrant and found his blood-alcohol concentration to be much higher than the permissible limit. The police can perform the test without a warrant because ________.

blood-alcohol level is considered to be evanescent evidence (The police's actions are justified due to the nature of the evidence. Evanescent evidence is evidence that is likely to disappear.)

Jacob, a suspect in a drug trafficking case, was stopped by a police officer when he was seen leaving a night club. The police officer believed that he might be a member of a crime syndicate. The officer instructed Jacob to follow him to a private location where he was further questioned for 45 minutes. In this scenario, the police officer's actions are most likely to be considered a ________.

de facto arrest

A police officer frisks a man after speaking to him as he has reasonable suspicion to believe that he is carrying a weapon. During the frisk, the officer realizes that the suspect smells of marijuana, and he also senses a long cylindrical object in the suspect's pocket. He reaches into the pocket and finds a "bong." The police officer seizes it as evidence as it was obtained through ________.

plain touch and feel

A(n) ________ is a cursory visual inspection of those places in which a person might be hiding.

protective sweep

A brief nonconsensual encounter between a law enforcement officer and a citizen that does not rise to the level of an arrest is called a(n) ________.

stop

A frisk is considered unconstitutional when _______.

the person is in an area known for drug dealing (Just because someone happens to be in an area in which criminal activity is supposedly taking place does not make him or her eligible for a frisk.)

The containers inside a car and the car's trunk can be searched without a warrant when ________.

there is probable cause to search

Frisks must be directed at discovering ________.

weapons

Which of the following statements identifies the nature of a frisk?

A frisk is little more than an open-handed pat down of someone's outer clothing.

Which of the following is an improper frisk?

A man is sitting in a car waiting to pick up a friend. An officer orders him out of the car and frisks him. (The officer did not have any justification for stopping or frisking.)

When can police officers stop and detain motorists in their vehicles?

A motorist is speeding, intoxicated, and smells of marijuana (Delaware v. Prouse (1979) set forth the rule that police officers can stop and detain motorists in their vehicles so long as the officers have "at least articulable and reasonable suspicion" that the motorists are violating the law.)

Adam is a narcotics agent who observes passengers at an airport to spot drug couriers. He looks for specific characteristics of drug couriers as defined by the U.S. courts. Which of the following passengers is Adam most likely to stop?

A passenger who spends less than 8 hours in the U.S. after a 14-hour flight and catches another flight. (In Elmore v. United States (595 F.2d 1036 [5th Cir. 1979]), the Fifth Circuit Court listed rapid turnaround time for a very lengthy airplane trip as one of the characteristics of a drug dealer.)

In which of the following scenarios would a warrantless arrest be considered lawful?

A police officer arresting Tanya after spotting her shoplifting and attempting to escape. (A warrantless arrest, with probable cause, is permissible if any of the following is present: (1) hot pursuit, (2) danger to officers, (3) danger to third parties, (4) escape, and (5) destruction of evidence.)

Which of the following police activities is best considered a non-stop?

A police officer dismisses a person after a short inquiry. (A person has been "seized" within the meaning of the Fourth Amendment only if, in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.)

Which of the following actions is most likely in compliance with the Supreme Court's Terry v. Ohio decision?

A police officer notices two young men following a woman discreetly. He approaches them and identifies himself as a police officer. After a short conversation, the two men scatter in opposite directions. The officer chases down one of the men and detains him.

Which of the following scenarios illustrates an exception to the warrant requirement due to the search for evanescent evidence?

A police officer performing a breathalyzer test on a person suspected of drunk driving. (Evanescent evidence is evidence that is likely to disappear.)

Identify an exigent circumstance where it is NOT necessary for the police officer to identify himself or herself to the suspect.

A police officer seizes a gun from a suspect in mid-commission of a crime.

Which of the following scenarios illustrates a lawful vantage point for purposes of the plain-view doctrine?

A police officer seizing an illegal weapon from a cupboard when he had a warrant and was searching for a set of clothes in a suspect's house.

Which of the following statements identifies a proper stop-and-frisk process?

A stop does not give a police officer permission to conduct a frisk.

Identify the scenario in which a frisk would be most appropriate.

An officer spots a man angrily shoving a crying five-year-old inside a van. The officer stops the man who immediately reaches for his pocket. The officer frisks the man and finds a loaded revolver. (A frisk is warranted when a person makes a furtive movement and the officer believes the threat of danger is present.)

Which of the following would not justify warrantless entry for the purpose of making an arrest?

Anonymous tip

Police officers arrived at the residence of Martin, a suspect in a case of an armed robbery, when he was not in his apartment. They asked his wife, who was present at the apartment, if they could search the premises and she agreed. Which of the following allows the police to perform a warrantless search of this nature?

Apparent authority (A person has apparent authority if the police reasonably believe he or she has authority to grant consent.)

Which of the following is a reason why obtaining a warrant for an automobile search is considered impractical?

Automobiles are mobile in nature.

Which of the following statements explains the rationale behind the automobile exception to warrantless searches?

Automobiles operate on public spaces (In Cardwell v. Lewis (1974), the Court reasoned that people's reasonable expectation of privacy is lowered as vehicles typically operate in public spaces. People have a lesser expectation of privacy in an automobile because it serves a transportation function, not a privacy function; a car "seldom serves as one's residence or the repository of personal effects.")

Which of the following is NOT a type of exigency recognized by the courts that authorizes the police to act without a warrant?

Inconvenience to obtain a warrant

When is a protective sweep of a home permitted under the Terry rationale?

Police lawfully make an arrest in a person's residence.

A valid frisk can evolve into a search if what type of justification develops along the way?

Probable cause

Identify the minimum standard of justification that is necessary for stop and frisk activities.

Reasonable suspicion

Which of the following is a type of warrantless search or seizure?

Search incident to arrest (A search incident to arrest is an exception to the Fourth Amendment's warrant requirement that allows officers to search a suspect following his or her arrest.)

Which of the following is true regarding the timing of searches incident to arrest?

Searches incident to arrest must be contemporaneous to arrest.

Which of the following statements is true of warrantless arrests?

Serious offenses committed out of an officer's view permit a public, warrantless arrest

In which case did the Supreme Court rule that in addition to the suspicion required to justify a stop, the officer must have reasonable suspicion that the person stopped is ʺarmedʺ and ʺdangerousʺ before a frisk can be conducted?

Terry v. Ohio

Which of the following allows officers to search not only the suspect incident to arrest, but also his or her "grabbing area"?

The armspan rule

After receiving a tip from an informant, the police obtained a warrant and arrested Neil at his residence on charges of selling controlled substances. During the arrest, the police also seized an unlicensed gun that was found on a table next to Neil. Which of the following permits the police to seize evidence that is not mentioned in the warrant?

The armspan rule (The actions of the police are justified based on the armspan rule. The armspan rule is part of the search incident to arrest exception to the Fourth Amendment's warrant requirement that allows officers to search not only the suspect incident to arrest, but also his or her "grabbing area.")

Which of the following statements is true about a search that is incident to an arrest?

The arrest must result in a person being taken into custody (Any arrest justifies a warrantless search incident to that arrest. A key restriction, however, is that the arrest must result in a person being taken into custody.)

According to the Supreme Court, which of the following circumstances does NOT justify the reasonableness of a stop?

The duration of detention based on a hunch (Supreme Court has stated that "the reasonableness of a stop turns on the facts and circumstances of each case." In particular, the Court has emphasized "(1) the public interest served by the seizure, (2) the nature and scope of the intrusion, and (3) the objective facts upon which the law enforcement officer relied in light of his knowledge and expertise.")

Which of the following is a requirement for a valid search incident to arrest?

All of the above - The arrest must be lawful - Probable cause must be in place in advance of the arrest - The search should take place soon after the arrest

A warrantless search based on a hot pursuit exigency is considered constitutional if which of the following occurs?

All of the above - The police have probable cause to believe the person they are chasing committed a crime. - The pursuit originates at a lawful point. - The underlying offense is serious.

In which of the following scenarios can an officer justify a warrantless arrest due to an exigent circumstance?

Calvin, a suspect in a murder case, is chased into his house by the police. (Since Calvin is trying to escape the authorities, it would be considered an exigent circumstance. A warrantless arrest, with probable cause, is permissible if any of the following is present: (1) hot pursuit, (2) danger to officers, (3) danger to third parties, (4) escape, and (5) destruction of evidence.)

________ refers to the mutual use of property by persons generally having joint access or control for most purposes.

Common authority

When does the plain-feel doctrine apply?

Contraband is immediately apparent as subject to seizure. (For the plain-feel doctrine to apply, two conditions must be met: (1) Police must have reasonable suspicion to frisk, and (2) contraband must be immediately apparent for it to be lawfully seized.)

The plain-view doctrine first emerged from the Supreme Court's decision in:

Coolidge v. New Hampshire

Officer Mitchell heard gunshots coming from a house in the neighborhood that he was patrolling. He entered the premise and arrested the shooter without a warrant. With reference to this scenario, which of the following justifies the warrantless arrest?

Exigent circumstances (Officer Mitchell's actions are justified based on exigent circumstances. Exigent circumstances are emergency circumstances, including hot pursuit, the possibility of escape, danger to officers, danger to others, or destruction of evidence. When exigent circumstances are present, the police do not need to abide by the Fourth Amendment's warrant requirement.)

Officer Jackson stopped a car on the freeway as the driver appeared to have fallen asleep while driving. As he approached the vehicle, he saw what appeared to be the butt of a rifle being pushed under the seat by the driver. He asked the driver to step out of the car while he searched the vehicle and found a wooden log under the passenger seat. Which of the following would justify the police officer's actions?

Fear for safety (Based on the levels of justification for automobile searches, a search of the passenger compartment for weapons is justified by reasonable suspicion/fear for safety. As Officer Jackson suspected that a weapon was hidden under the seat, he feared for his own safety. This justifies his decision to search the passenger compartment of the car for weapons.)

Craig was pulled over by a police officer and out of fear for his safety the officer searched the passenger compartment of Craig's car. The officer asked if he could check the trunk of the car, and Craig refused. Which of the following statements explains why the officer lacks the justification to search the car's trunk?

Fear of safety does not authorize a search of the entire vehicle.

The police department in Jack's hometown has been on the lookout for the person responsible for the brutal assault of Sarah. Jack is one of the key suspects in the case and was the last person to meet Sarah before she was attacked. The police obtained an arrest warrant and arrested Jack at his residence, where he lived alone. They also seized the painting that Jack was reframing when they entered his residence as evidence. On further examination, the police discovered that the painting had belonged to Sarah. Which of the following can Jack's attorney use to have the painting excluded from evidence?

The immediately apparent requirement. (For the plain-view doctrine to apply, the immediately apparent requirement must be met. This means that it must be immediately apparent that the object is subject to seizure. As the police did not know that the painting belonged to Sarah when they arrested Jack, the evidence can be excluded.)

Officer Ray was patrolling a neighborhood when he saw Damien, a convicted member of a crime syndicate, enter his residence with what appeared to be an assault rifle. Officer Ray did not see anyone else enter the house with Damien and believed that Damien had not spotted him. He entered the house after Damien and seized the illegal weapon. Officer Ray claims that the seizure was constitutional as the weapon was in plain view. Which of the following can Damien's attorney use as a basis to have the evidence excluded?

The lawful access requirement (For the plain-view doctrine to apply, the police must have lawful access to the object to be seized. As Officer Ray had probable cause but cannot show exigent circumstances, he did not have lawful access to Damien's residence)

What does it mean to say that it must be "immediately apparent" that an object in plain view is subject to seizure?

The officer has probable cause to seize the object

Which of the following statements is true of the scope of a consent search?

The person giving consent defines the scope of the search

________ is an exception to the Fourth Amendment's warrant requirement that permits police to seize evidence that is visible without a search warrant.

The plain-view doctrine

Which of the following scenarios best depicts a protective sweep?

The police arrest Seth in his home and look in all the rooms for his accomplice. (A protective sweep is a cursory visual inspection of those places in which a person might be hiding.)

Which of the following statements is true of the hot pursuit exception to the warrant requirement?

The police must begin hot pursuit from a lawful starting point. (If officers are unlawfully on someone's private property, they will not succeed in claiming hot pursuit to justify any further warrantless action.)

Which of the following statements is true of the plain-view doctrine?

The police must have lawful access to the object to be seized

Which of the following is true regarding the permissibility of warrantless searches for evanescent evidence?

The search is conducted in a reasonable manner

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

They require probable cause

Anna lives with her cousin, Bob. While Bob was out of town, a police officer asked if he could look around the basement. Anna obliged, and the police officer assumed that she had the authority to grant the search. He proceeded to search the basement and found stolen car parts and seized them as evidence in a case of automobile theft. Which of the following makes the search and seizure lawful?

Third-party consent (Since Anna also lives with Bob, she has common authority over the house. Third-party consent can be given if (1) the third-party individual possesses "common authority" over the area to be searched and (2) the non-consenting party (for example, the roommate) is not present.)