Chapters 6-12

Select the true statement?

b. A police officer needs more than a hunch to justify both a frisk and a full search, but less is required for a frisk than is required for a full search.

A person is "picked up for questioning" by the police and taken to the police station interrogation room where (s)he is given Miranda warnings and questioned. (S)he was never told "You're under arrest." Which of the following occurred.

b. A seizure tantamount to arrest.

How do courts define "open fields?"

b. Any area outside the curtilage.

In a multiple occupancy dwelling, which of the following is typically NOT accessible under the open fields doctrine?

b. Balconies

In Tennessee v. Garner (1985), the Supreme Court decided that the common law fleeing felon rule violated which Amendment?

b. Fourth Amendment.

In which of the following circumstance, may a private citizen arrest a person for misdemeanors?

b. If the citizen observed the person commit the offense.

Which of the following statements is true?

b. Police do not need to first tell a person that they are "free to go" before a consent can be deemed voluntarily given.

Select the true statement regarding determination of curtilage surrounding a house.

b. Shared areas of multi-unit dwellings are not protected by the Fourth Amendment.

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

b. Some courts follow the automatic companion rule, whereas other states require reasonable suspicion that the companion is armed and dangerous.

To establish that an article or object has been abandoned, what must the police show?

b. That it was the intent of the suspect to abandon the property and that the abandonment was voluntary.

Which of the following is not a factor to be considered when determining curtilage?

b. The history of having allowed visitors to the residence to have access to the area.

Which of the following are needed for an officer to make a warrantless arrest for a misdemeanor?

b. The offense must have been committed in the officer's presence.

An officer has made a lawful arrest for fraudulent checks at the arrestee's residence. During a valid protective sweep the officer opens a door in the hallway next to the exit and observes a marijuana plant, grow-light, and plant food in the closet. The officer may _____.

b. seize the items under the plain view doctrine.

Under the plain view doctrine, an officer _______________.

b. seizes but does not search.

A formal arrest occurs when a person is _____.

b. taken into custody to answer for a criminal charge.

To establish that consent was valid, the prosecutor must show __________.

b. that the consenter had authority and gave consent voluntarily.

Police convenience and safety are deemed reasonable justification for the plain view doctrine because _______________.

b. the doctrine does not allow for intrusion into privacy and thus protects citizen's Fourth Amendment rights.

If an officer has probable cause that a movable vehicle contains illicit contraband somewhere within it, but is unsure of exactly where, what is the officer legally entitled to search?

b. the entire vehicle and any containers, locked or unlocked, which are capable of holding the object of the search.

The "prior valid intrusion" requirement of the plain view doctrine means that

b. the officer did not violate the Fourth Amendment in arriving at the place from which he could perceive the evidence.

If a police officer lawfully pats down a suspect's outer clothing and feels an object and the contour or mass of the object makes its identity immediately apparent that the item is a bag of cocaine. It is true that _______________.

b. the officer is legally justified to reach into the suspect's clothing to retrieve the item.

When a court must consider whether a particular seizure or frisk is reasonable or unreasonable, the court considers the inquiry from which perspective?

b. the reasonable person.

Which of the following suspects, who have given consent, would have the greatest difficulty in establishing that his consent was involuntary?

d. A college student who has taken a course in the law of criminal procedure.

. A suspect has been injured while resisting arrest. Select the best strategy below for officers to obtain a valid consent from the suspect?

d. Advise him he does not have to consent.

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

d. Arrestee's clothing, wallet and anything in the arrestee's pockets.

Which of the following most accurately describes appropriate method(s) of serving a summons?

d. By handing it to the person named, leaving it at their dwelling, leaving it with a responsible person at the defendant's dwelling, or by mailing it to their dwelling.

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?

d. Is the container both closely associated with the arrestee's person and still in the arrestee's immediate control?

Which of the following most appropriately describes the Carroll doctrine?

d. Officers with probable cause may search to the same extent as if they had a search warrant.

What is curtilage?

d. The dwelling and the area close around it.

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.

d. The officer may not search the car; the Gant decision prevents the search of the car.

What is the first and primary requirement for an officer to seize evidence under the plain view doctrine?

d. The officer must be lawfully present in the place where the sighting is made.

What is the primary difference between the abandonment doctrine and the plain view doctrine?

d. Under plain view, the location of the item is protected; whereas under the abandonment doctrine, the location is not protected.

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

d. Where the arrestee/occupant is unsecured and within reaching distance of the passenger compartment or there could be evidence in the vehicle of the crime for which the person was arrested.

Officers may stop a person or a vehicle on the basis of which of the following?

d. a police flyer, bulletin, or a radio dispatch

An officer's use of a pair of binoculars to develop probable cause for plain view searches and seizures is conceptually distinct from an officer's use of a flashlight for the same purpose. This is because _______________.

d. binoculars allow areas to be viewed that may not otherwise have been viewable without an impermissible intrusion.

Police on patrol receive a warning and description of a vehicle wanted in connection with a burglary. They observe the vehicle and begin pursuit. The suspects flee a distance and then stop the car suddenly, exit the vehicle, and flee on foot. The officers may __________.

d. consider the car abandoned and search it forthwith.

A _____ is part of the open fields.

d. forest around the home

The determination of the reasonableness of stops and frisks involves balancing a person's right to privacy and right to be free from unreasonable searches and seizures against ___.

d. governmental interests, crime prevention/detection, and safety of law enforcement officers.

Officers arrested Wright for robbery and took him to the police station, but Wright refused to discuss the robbery. The next day, officers, without a search warrant, went to Wright's residence where they falsely told Wright's wife that he had admitted the crime and had sent police for the "stuff." The frightened and upset woman admitted the officers to the apartment and led them to money taken in the robbery. How should the Court "hold" the money?

d. inadmissible because the wife's consent is deemed involuntary.

A commercial airline has called the police to report that they opened some unmarked, lost luggage to determine the owner and inside it they discovered a small amount of what appears to be cocaine hidden amongst the underwear. The police arrive to find that the luggage is in the manager's office but the luggage is now closed. To have a lawful seizure the officers ________________.

d. may immediately open the luggage themselves.

Officers driving behind a car observe the driver weaving across the double yellow line and apparently drinking from a can of beer. The officers are about to stop the driver when he turns into his driveway and parks the car in his garage. Given this scenario, the officers ___.

d. may make a Carroll search of the vehicle and arrest the driver.

A __________ is the least intrusive type of seizure of a person under the Fourth Amendment.

c. stop

Curtilage nearly always includes __________.

c. the backyard of a house.

When is consent generally held to be involuntary?

c. the consenter is the subject of an illegal arrest.

Select the statement that reflects the Court's ruleing in Chimel v. California.

a. An officer may search the person arrested and the area into which he could reach for a weapon without additional justification.

Law enforcement officers may make warrantless observations into constitutionally protected areas such a home or the curtilage without entering the constitutionally protected area. Given this scenario, select the true statement.

a. Any observation made cannot violate the reasonable expectation of privacy of the person whose premises or activities are being observed.

The fundamental case that established the basic rationale of the plain view doctrine is ____.

a. Harris v. United States

What is the most significant personal advantage an officer has when making an arrest with a valid warrant over making that arrest without one?

a. Not being civilly liable for false arrest if the arrest was in fact unjustified.

What basic element distinguishes formal arrest from seizure tantamount to arrest?

a. Officer's intent

Which of the following is true about police inventory of a vehicle?

a. Police are not permitted to search for evidence of crime.

______ is a less demanding standard than ______.

a. Reasonable suspicion; probable cause

Modern definitions of the crime of resisting arrest usually requires which of the following?

a. Shooting, striking, pushing, or some other form of active opposition.

The case that established the foundation for stop and frisk is _______________.

a. Terry v. Ohio

Following a murder, the police conduct an extensive four day search for evidence at the scene (the murder victim's apartment). The apartment is also occupied by other people. There was no emergency, beyond the murder, and all occupants were safe. Police discover evidence of the crime. Given this scenario, select the most appropriate statement.

a. The evidence is inadmissible since the officers should have gotten a warrant.

Following a traffic stop, an officer has probable cause to arrest an occupant of a motor vehicle, but does not have probable cause to believe that evidence of the crime will be found in the vehicle. The officer places handcuffs on the person and places the individual in the back seat of the police vehicle. Given this scenario, how may the officer legally proceed?

a. The officer may immediately search the arrestee and can have the vehicle towed and an inventory of the vehicle conducted.

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

a. The officer may search the passenger compartment of the car and any open or closed containers therein, as well as the arrestee.

Select the true statement regarding the criteria used by courts to make determinations about intent to abandon property.

a. The presence of one factor alone will not generally lead to a finding of abandonment.

Which statement most accurately describes the authority afforded a county sheriff's deputy in hot pursuit outside his county?

a. The same authority to arrest as an ordinary citizen.

A police officer pursues a suspect he believes, based on a hunch, possesses drugs. The officer has neither probable cause nor reasonable suspicion to justify the pursuit. Just before the officer tackled the suspect, the suspect discarded a small bag containing drugs. In this situation, how would the courts most likely view the seizure?:

a. The seizure of the suspect was illegal; the abandonment of the bag was not the result of unlawful police behavior; and the drug evidence is admissible.

A police officer informs a citizen that the officer has enough evidence to arrest. The officer asks the suspect to "turn around so I can handcuff you - you are under arrest." At this point, the suspect runs from the officer. Select the statement that most accurately describes the scenario at the point that the suspect fled.

a. The suspect was formally under arrest.

Select the true statement about limited searches incident to detention.

a. They constitute a seizure under the Fourth Amendment and are permissible when the seizure is temporary, the resulting search was limited, the evidence obtained was destructible, and the police had probable cause to arrest.

A police officer intent on writing parking tickets is walking along a city street when he notices the smell of burning marijuana. He traces the smell to a curtained, street level, basement window which is partially open. The officer gets down on his knees and looks where he can see over the top of the window and he sees evidence of illicit drug activity. The officer's actions _______________.

a. are lawful because he saw only what any curious passerby could see.

A police officer who detains a person must have __________ supported by articulable facts that criminal activity may be afoot.

b. reasonable suspicion

A police officer stops a person on the basis of reasonable suspicion. The officer also has reasonable suspicion to believe the person is armed. During the pat-down, the officer feels what he thinks could possibly be a small baggie containing drugs, but the officer is unsure. Based on this information, the officer

a. can request the consent of the person to pull the object out.

The basic open fields doctrine as stated by the Court in the Hester case is that Fourth Amendment protections .

a. do not extend to the open fields.

Law enforcement agents of the DRUG ENFORCEMENT AGENCY flying over a large forest observe a cultivated patch in the forest. Suspecting that it is a marijuana field, they land and approach on foot where they verify that it is marijuana and arrest a person working in the field. Their observations from the plane __________.

a. do not violate the Fourth Amendment because they had a right to fly there.

Before conducting a frisk, an officer must believe which of the following to be true?

a. he is dealing with an armed and dangerous individual

Which phrase best describes the areas considered to be protected by the Fourth Amendment under the definition of the term "house?"

a. hotel and motel rooms, apartments, rooming and boarding house rooms, and hospital rooms

In Chambers v. Maroney, the Court extended the Carroll doctrine to include __________.

a. impoundment before search.

Police have corroborated information that a mobile home, the residence of Ernst, was being used as a distribution point for illicit drugs. The trailer was hooked to utilities and septic system in a mobile home lot and was elevated on blocks. The truck which towed the vehicle was parked nearby. If officers immediately knock and announce, enter, and conduct a warrantless search without consent, how are the courts most likely to view the search?

a. invalid because they do not have a warrant.

What is the main advantage of a consent search for law enforcement personnel?

a. it is more convenient than the warrant procedure.

If an officer has entered open fields to search, he or she __________.

a. must base all seizures on probable cause that the items are seizable.

A landlord has _____ to consent to a search of a tenant's premises or a seizure of the tenant's property during the period of the tenancy.

a. no implied actual or apparent authority

If a show of authority by a law enforcement officer does not result in a halting or submission by the person being confronted, there is __________ under the Fourth Amendment.

a. no seizure

If an officer has probable cause to believe that contraband is contained within a briefcase that is in the passenger compartment of an automobile, what is the officer legally entitled to search?

a. only the briefcase.

An officer has made a lawful arrest of a motorist for driving while intoxicated (DWI). The officer searches the passenger compartment of the car but finds nothing of interest. He then searches the trunk where he finds a bag of what appears to be marijuana. Which requirement of the plain view doctrine is not fulfilled (or has been violated)?

a. prior valid intrusion

An officer, gun drawn, pursues a suspect on foot and catches up to him just as he is about to enter his residence. Following a pat down that revealed no weapons, the officer placed his firearm back in its holster then asked for and was granted permission to enter the residence for the purpose of conducting a search of the home for weapons. The officer discovered illegal weapons in the home. The search will most likely be:

a. ruled legal and the gun evidence admitted into the record.

While searching the relevant computer files, pursuant to a search warrant for the crime of distribution of child pornography, officers find reference to a "customer ledger." After this information is discovered, an officer observes a notebook lying on the kitchen counter with the words "customer ledger" written on the front cover. The officers may legally ______.

a. seize and open the notebook immediately without obtaining a warrant.

A person has been seized (within the meaning of the Fourth Amendment) if in view of all of the circumstances surrounding the incident, a reasonable person would have believed ___.

a. that he was not free to leave.

A law enforcement officer's power to detain and question suspicious persons dates back to _______?

a. the common law of England.

Curtilage typically includes __________.

a. the fenced area immediately surrounding a house.

In is determined by _______________. U.S. v. Ross, the Court emphasized that the scope of a warrantless search of an automobile

a. the object of the search and the places in which there is probable cause it may be found.

In determining whether a vehicle is readily mobile, courts look to whether __________.

a. the vehicle is inherently capable of movement.

Under the open fields doctrine, without a warrant, an officer may

a. trespass onto open land to search for and seize evidence

A home-owner refuses to give consent for a search. In response, the officer states that he will be back with a warrant to search within the hour, even though the officer has no probable cause to have a warrant issued. After hearing the statement, the homeowner allowed police to enter and search. The officers found evidence of crime. It is most likely that the evidence __________.

a. will be judged inadmissible because the statement from the officer concerning the warrant was not true at the time the statement was made.

An officer observes an individual leaving a place the officer believes to be a drug house. As the officer approaches, the man makes furtive gestures, reacts nervously, and changes course quickly before the officer yells out for the man to stop. The man stops. The man is carrying a locked case. Given this scenario, select the true statement.

b. The officer is justified to temporarily detain the man and case and have the case sniffed by a drug canine

An officer wants to enter a certain area of a large apartment building to observe activities and seize any contraband he might happen across. What is the most legitimate "good rule of thumb" for the officer?

b. The officer may enter any area commonly used by visitors, businessmen, and delivery people to gain access and move about the building.

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?

b. The officer may search the backpack without a warrant but only if the officer has additional justification that the backpack contains a weapon.

The police respond to a disorderly conduct call. Upon arriving at the residence, the owner invited the police into the residence. Given the circumstance, select the true statement?

b. The officer(s) is/are free to enter the residence and can seize items in plain view, but cannot search for items.

What is the word "house" in the Fourth Amendment interpreted to mean?

b. The private areas of residential and commercial premises.

A police officer rummages through the garbage of a suspect without probable cause, without a warrant, and without reasonable suspicion. The officer finds incriminating evidence. Unless there is a state law to the contrary, what is the most likely determining factor in the admissibility of the evidence?

b. Whether the garbage was located within the curtilage of the residence.

A person has a lesser expectation of privacy in a car than in a residence because

b. a car travels public streets and its occupants are open to public view.

The initial stages of a frisk must be limited to

b. a pat-down of the outer clothing.

A law enforcement officer observes an individual walking in a residential neighborhood at night with a crowbar and flashlight. The officer briefly detains the person to ask a few questions to determine what the individual is doing. What is the officer's action classified as?

b. a stop.

Officers knock on a door of an apartment being rented by a male suspect. A female opens the door and the officers ask her if the suspect is home. She says, "Not right now," but the officers don't believe her and want permission to enter and look for themselves. They have no warrant or other justification. What should the officer's do first?

b. ask her if she lives there.

An officer makes a Terry stop of a person and develops reasonable suspicion to believe the person may be armed and dangerous. During a pat-down, the officer feels an item, but the true nature of the item is not immediately apparent. The officer ______________.

b. cannot, without further justification, retrieve the object from the person's clothing without consent.

Which of the following most accurately describes a limited search of a person's body consisting of a careful exploration or pat-down of the outer surfaces of the person's clothing in an attempt to discover weapons?

b. frisk

An officer responding to a radio call of a burglary in progress arrives at the scene in time to intercept a suspect fleeing with a television set in his arms. The officer arrests him and when assistance arrives the officer turns the TV over to see and record the serial number in his notebook. The officer's actions are _______________.

b. lawful under plain view because the officer had already lawfully seized the TV.

Police observe a suspect carrying a brown paper package leave an apartment known to contain marijuana. The package is the same size as packages of marijuana they had seen earlier that day. The individual under observation places the bag in the trunk of his car and starts to drive away. Fearing the loss of evidence, officers stop him. To proceed within legal limits, officers who wish to search the car for marijuana _______________.

b. may immediately open the trunk and search the package.

When a vehicle has been impounded, police __________.

b. may inventory according to standard criteria established by their agency.

Officers executing a lawful search warrant for stolen guns discover contraband fireworks in the suspect's gun cabinet while searching for the guns. The officers _______________.

b. may seize the fireworks under the plain view doctrine because the officers have a right to be where they are at the time.

Courts have created exceptions to the warrant requirement for motor vehicles due to a vehicle's ______________.

b. mobility and lesser expectation of privacy.

In the case of the United States v. Place, the courts rules that a seizure of a suspects luggage suspected of containing drugs for approximately __________ in order to transport the luggage to another airport for a canine sniff was excessive.

b. ninety minutes

Based on the California v. Acevedo decision, the scope of a warrantless search of an automobile is defined by the _______________.

b. object of the search and the places in which there is probable cause to believe that it may be found.

Relying on the plain view doctrine, the Minnesota v. Dickerson ruling stated that officers could seize non-threatening contraband, such as drugs, if its identity as contraband is immediately apparent to the sense of touch. What is this exception more commonly known as?

b. plain touch exception.

The Fourth Amendment protections requiring police to have a warrant to enter to search extend to but not to under the open fields doctrine.

b. private areas of a business; public areas of a business

Which of the following most accurately describes a police initiated action that relies solely on the race, ethnicity, or national origin of a person and not his or her behavior?

b. racial profiling

An officer observes an individual talking with known drug addicts over a period of several hours. The officer eventually approaches the individual and pulls illegal drugs out of the suspect's pocket after the suspect has thrust his hand into his pocket first. The officer testifies that he never saw nor believed that the suspect had a weapon. What position would the courts take pertaining to this seizure?

b. throw out the search as an illegal seizure

Which of the following is not considered curtilage?

c. A house under construction which has only the skeletal framing.

The modern fresh pursuit doctrine allows an officer to pursue and arrest outside his jurisdiction for which of the following? Select the most accurate option.

c. Felonies and misdemeanors.

Stop and frisk procedures are serious intrusions on a person's privacy and are governed by which of the following Amendments to the Constitution?

c. Fourth

Which of the following is not generally impacted by an illegal arrest?

c. Jurisdiction to try a person for a crime

Which of the following would not be considered an intention to abandon an object?

c. Placing the object in a garbage can within the curtilage.

Which of the following is a true statement about the use of a thermal imaging device to detect invisible infrared radiation emanating from a home?

c. The court found use of the device to be unconstitutional because the device is not in general public use.

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 may search besides the man?

c. The desk top and the unlocked drawers of the desk.

Which of the following is not a requirement of the plain view doctrine?

c. The discovery of the item by the officer must be inadvertent.

Select the true statement.

c. The mere fact that luggage is on wheels does not mean that a warrantless search of the luggage is justified under the principles of Carroll.

An officer is granted authority by the occupant to search an apartment unit. The occupant informed the officer that she doesn't own certain boxes and luggage lined up against the wall.

c. The police cannot search the luggage or boxes because there has been an implied limitation placed on the scope of the consensual search.

An officer responds to a domestic disturbance call at a residence where college students are throwing a party and is granted permission to enter and "walk around." Given the circumstance, select the true statement.

c. The renter of the residence can have the officer stop walking around and leave at any point by stating, "I would like for you to leave now."

Select the true statement concerning search incident to arrest and the automobile exception?

c. The requirements needed to justify the search of a vehicle are different for the automobile exception compared to search incident arrest.

An officer receives permission from the resident of an apartment to "walk around." This permission allows the officer to _______________.

c. seize items in the plain view of the officer.

Officers enter the home of a man and place him under arrest. The man was located and arrested in his living room area. Law enforcement officers then conducted a protective sweep of all of the upstairs area, basement, and garage areas to ensure no one else was in the home that could harm the officers. Which statement accurately describes the potential justification argument for the sweep.

c. This full sweep is only justified if there is reasonable suspicion to believe accomplices are present that could harm the officers.

Which of the following is not a reason for allowing an inventory of an impounded vehicle?

c. To search for incriminating evidence

Law enforcement officers planted a tracking beeper on the clothing of an individual in order to track him/her from one location to another. Shortly thereafter, the individual traveled home where the movements of the person within the residence were tracked. How is this police activity most likely to be viewed by the courts?

c. Unconstitutional because the in-home movements of the individual were not generally open to visual surveillance.

Which individual would have standing to challenge a particular search by police that was conducted based on the automobile exception?

c. a person authorized to drive a rental car under a rental contract that has expired.

During the initial stages of a frisk, an officer feels a soft object about the size of a quarter in the suspect's coat pocket. Realizing that it is not a weapon and unable to conclude that the item is contraband, courts have ruled that without further probable cause the officer should.

c. cease and desist with the search once he realizes that it is not a weapon.

Law enforcement authorities, rather than simply seizing the contraband, often make a so-called delivery of the container, monitoring the container on its journey to the intended destination. Then they can identify the person dealing in the contraband when the person takes possession of and asserts control over the container.

c. controlled

If an officer has probable cause to search a container after the container has been removed from a vehicle, then the Carroll doctrine _______________.

c. does not apply.

An officer stops a person travelling in their car based on reasonable suspicion. The officer requests that the person step out of the vehicle and the person complies. The officer immediately notices a tattoo on the arm of the person that is common among members of a particular gang in the area known to engage in violence toward officers, thus giving the officer reasonable suspicion to believe the person may be armed. The officer has not secured the person. At this point the officer is legally permitted to __________.

c. frisk the person and search any part of the passenger compartment where a weapon could be kept.

A limited search of a person is best described as a(n) __________.

c. frisk.

Officers appear at a suspect's home (without a warrant) where the suspect's mother is the only resident present. The police officers ask if she will let them search the house for stolen property. She asks if she has to allow it and the officers answer in the affirmative. She consents. Select the appropriate description of the search

c. invalid because the consent is deemed involuntary.

A police officer has reasonable suspicion to believe a man approaching his car is involved in criminal activity and is armed. The officer draws his gun and has the man to stop about 15 feet from the man's car. The officer conducts a quick pat-down search of the man's outer clothing and finds nothing. With his gun still out of its holster, the officer asks the man for consent to search the car. The man consents. How will the court most likely deem the search?

c. invalidate the search as non-consensual.

Officers lawfully arrested the occupants of an auto and, after impounding it, began an inventory of the contents of the vehicle. One officer picked up a jacket on the front seat where an occupant had been sitting and noticed on the seat a burned cigarette which appeared to the officer to be marijuana. How are the courts most likely to view the officer's action?

c. justifiable as a plain view seizure during an inventory.

Officers legitimately stopped an auto and had probable cause to believe that it contained narcotics inside the passenger area. During the search of the car the officer found a closed paper bag and a zippered leather pouch. To lawfully search further, the officer _________.

c. may immediately open both the bag and the pouch.

Police have information that armed robbers carrying the fruits of the crime fled a robbery scene in a light blue compact station wagon. Four men, wearing certain clothing, were said to be in the vehicle. The police stopped a vehicle fitting the description and arrested the four occupants who matched the descriptions. The officers drove the car to the police station garage. Given this scenario, how may the officers legally proceed?

c. may search it immediately.

Courts have consistently ruled that an investigative detention must be temporary and last no longer than _______________,

c. necessary to effectuate the purpose of the stop.

Enclosing an area with a sight-obscuring fence will __________.

c. not bring it within the curtilage if it is already outside the curtilage.

An informant tells an officer that patrons of a certain public bar sometimes do lines of cocaine on the tables set in alcoves. Hoping to gather some minute grains of cocaine from one of the tables as corroboration of the information, the officer will __________.

c. not need a warrant.

The requirements of the plain view doctrine do not include that the __________.

c. officer may develop probable cause to believe that the item is subject to seizure by handling and thoroughly examining the item.

The requirements of the plain view doctrine do not include that the __________.

c. officer must not use any means to enhance her ability to observe.

The rule of law from Schneckloth v. Bustamonte (1973) is that knowledge of the right to refuse consent is __________.

c. only one factor in voluntariness of consent.

Officer Brewer stops a vehicle because it does not have brake lights. However, he is using this reason for a traffic stop because he believes the subjects in the vehicle may be involved in illegal activity involving drugs and wants to check them out. Which of the following most accurately this scenario?

c. pretextual stop

Officers arrested Wright for robbery and took him to the police station, but Wright refused to discuss the robbery. The next day, without a search warrant, an undercover officer went to his house and falsely introduced himself to Wright's wife as her husband's accomplice in the robbery and told her that he was there to collect his share. The woman admitted the officer and went into the bedroom where she retrieved half the money and gave it to the officer. How should the Court "hold" the money?

c. the money is admissible because the wife's consent is voluntary.

Whether a piece of land or a building falls within the curtilage is determined by considering four factors. Which of the following is not among these factors?

c. the official property lines of the curtilage

Who is the only person able to give a valid consent to search?

c. the person whose privacy will be invaded.

For a vehicle inventory to be constitutional , __________.

c. there must be a departmental policy.

Officers knock on an apartment door looking for a male suspect. A female opens the door and the officers learn from her that the suspect is not present and that she is his live-in girlfriend. The officers want valid consent to search. What legal options do the officers' have?

c. they may, without further inquiry, obtain consent from the girl.

A police officer asks a woman who answered her door, "Do you keep any weapons in the house?" The woman replied, "Yes" and proceeded to bring the weapons to the officer. The weapons were illegal and the officer used the weapons as the basis for an arrest. Select the most accurate statement describing this incident.

c. this is a seizure, but not a search and the evidence is admissible in court.

A high school principal summons the police to be present when the locker of one of the students is opened. The student was suspended for stealing from other students and the principal wants to see if there is any stolen property in the locker. How should the officer advise the principal?

c. to open the locker immediately, because no consent is needed.

What test do courts use to determine voluntariness?

c. totality of circumstances

Many things can affect the reasonableness of a police initiated stop. According to the text and the most recent case law, usually a case that involves a stop of __________ is probably outside an acceptable time limit.

c. twenty to twenty-five minutes

The officer tells a driver, stopped for a lawful traffic violation, that if he wants to he can attempt to repair a brake light to avoid a ticket. The driver opens the trunk and attempts a quick repair but in so doing exposes an illegal weapon in the trunk. The officer seizes the weapon and arrests the driver. At the suppression hearing, how is the court likely to "hold" the search?

c. valid because the driver's actions indicate voluntariness.

Police officers were stationed on a hill 300 yards from the rear of the suspect's eighth floor apartment. With a telescope the officers could observe through the partially closed drapes at the rear that the suspect was engaged in an illegal activity. The officers' information ________.

c. was lawfully gathered because the suspect did not completely close the drapes.

An officer stationed himself in a hidden location about fifty yards from the suspect's house and with the aid of binoculars watched the activities of the suspect, a known liquor law violator. The officer observed the defendant place two large cardboard boxes containing bottles of untaxed whiskey into his car. The officer's information _______________.

c. was lawfully gathered because the suspect's reasonable expectation of privacy was not invaded.

Based on the totality of circumstances, which of the following factors is not generally considered in an inquiry concerning whether a "seizure" has occurred?

c. whether the officer involved was undercover or in uniform

What most completely describes the factors that are given consideration when determining the intention of a suspect in regards to abandoned property?

c. words that are spoken, actions done, and other objective facts.

Officers have stopped a motorist and recognize him from a previous drug arrest. They ask and he consents to a search of the car. Just as an officer is about to reach under the passenger seat the suspect says, "Stop. I've changed my mind. No more search." Given the circumstance, what legal course of action do the officers' have?

d. must stop the search and not use the withdrawal of consent as an excuse to detain him further.

An officer has arrested a driver on a busy city street for Driving While Intoxicated. To lawfully have the vehicle towed from the scene, the officer _______________.

d. needs no other authority or justification than department policy.

An officer has made a lawful arrest of the suspect in his home based on a warrant for the crime of fraudulent and worthless check writing. While waiting for the arrestee to phone his wife, the officer notices an envelope lying on the kitchen table. The officer opens the envelope and discovers several checks, which the officer recognizes as forgeries. Which requirement of the plain view doctrine is not fulfilled (or has been violated)?

d. no unreasonable intrusion on privacy

During a search, an officer observes, in plain view, an item not covered in the warrant. The officer believes the item to be evidence in a separate crime other than the offense currently being investigated by police. In order to seize the item, the officer must have to believe the item is contraband or evidence of a crime.

d. probable cause

Officers executing a lawful search warrant for stolen guns have located all the weapons listed in the search warrant. An officer is admiring the suspect's beer mug collection and takes down a mug from a shelf and discovers marijuana inside it. The officer should _____.

d. realize that the marijuana is inadmissible under the plain view doctrine.

If the plain view doctrine is found to apply, it will justify a warrantless seizure of an item _____________.

d. regardless of any apparent intrusion into that individual's possessory interest.

When the prosecuting attorney attempts to introduce evidence obtained as a result of a consent to search into court evidence, which of the following does the court require?

d. the prosecutor to prove by a preponderance of the evidence that the consent was voluntary.

United States v. Seelye listed six factors and circumstances to be considered in determining the amount and kind of force that is reasonable and consistent with an investigative stop. Which of the following is NOT one of those factors?

d. the training and experience level of the officer(s) involved

To use the automobile exception as the basis for a warrantless search, __________.

d. the vehicle must be inherently capable of movement and the officer must have probable cause.

The police arrive at the residence of two roommates. The police do not have a warrant, nor do they have probable cause. One roommate gives consent to enter and search, but the other roommate does not consent, and in fact, tells the police that they may not enter the residence. What legal options do the officers' have?

d. they cannot enter the residence to search.

Campus police at a state college have facts leading them to believe that a college student has marijuana in her shared dorm room. They want to search her room without a warrant. What legal options do the officers' have?

d. they must obtain the suspect's permission.

Often times in cases involving the seizure of a person, the Supreme Court will which of the following?

d. totality of the circumstances.

DRUG ENFORCEMENT AGENCY agents heard uncorroborated information that a Dodge mini-motor home, parked on a shopping center parking lot, was being used by a person exchanging marijuana for sex. They watched Charles, accompanied by a juvenile, enter the motor home and then close the shades on all the windows. More than an hour later the juvenile left and the agents stopped and questioned him. The juvenile confirmed that he received marijuana for sex. Agents returned and knocked on the door. Charles came out. How are the courts most likely to view the search of the motor home by the agents at this time?

d. valid because the vehicle was mobile and not used as a residence.

The essential ingredient for valid consent to search is ______.

d. voluntariness.

If the backyard __________, an officer may enter and search the backyard of a multiple-occupancy dwelling without a warrant under the open fields doctrine

d. was open to use by any passerby.

Which of the following would constitute a seizure tantamount to arrest?

d. when a person is involuntarily taken to the police station for questioning.

What factor determines whether a driver or passenger can challenge the police on a particular search of his/her vehicle under the automobile exception?

d. whether the driver or passenger have a reasonable expectation of privacy in the vehicle.

Under what circumstance does the open fields doctrine allows police officers to search for and seize evidence in the open fields?

d. without a warrant, probable cause, or any other justification.