CJ 210 Quiz 7 Chapter 6

Which of the following searches should be considered constitutional after a search incident to arrest of the driver of a car? a. A search of a gym bag sitting on the back seat b. A search of a locked box sitting on the front passenger seat c. A search of an unlocked toolbox in the trunk d. A search of the pockets of a jack in the trunk

a. A search of a gym bag sitting on the back seat

In which of the following scenarios is most likely that voluntary consent to submit to a search will not be found? a. A suspect is told he will be taken into custody is he doesn't consent to a search of his vehicle b. A suspect grants permission after being asked once but is not informed that he can refuse c. A suspect gives verbal permission to search is bag but then refuses to sign a consent form d. A suspect with a moderately long criminal record is asked for permission once and grants it.

a. A suspect is told he will be taken into custody is he doesn't consent to a search of his vehicle

Which of the following searches should be considered constitutional? a. A wife consents to search of her and her husband's entire home, even though he is not present; police search the entire home b. A wife consents to a search of her home although her husband, who is present, denies consent; police search the living room and then leave c. A roommate consents to a search of his dorm room, even though the other occupant is not there; police search the entire room, including both roommates' desks d. None of the above searches are constitutional

a. A wife consents to search of her and her husband's entire home, even though he is not present; police search the entire home

Which of the following is not one of the explanations frequently cited as justification for the knock-and-announce rule? a. Minimization of neighborhood fear of police b. Prevention of violence against the officers c. Protection of privacy for the occupants d. Prevention of destruction of property

a. Minimization of neighborhood fear of police

Which actor is the criminal justice system is required to prove voluntariness of consent? a. Prosecutor b. Judge c. Searching officer d. Arresting officer

a. Prosecutor

Upon which party does the burden of proof rest and to what degree must it be established in an attempt to establish the voluntariness of a consent search? a. The prosecution must prove voluntariness by a preponderance of the evidence. b. The prosecution must prove voluntariness beyond a reasonable doubt. c. The defendant must prove voluntariness by a preponderance of the evidence. d. The defendant must prove voluntariness beyond a reasonable doubt.

a. The prosecution must prove voluntariness by a preponderance of the evidence.

If an individual grants consent to search his or her home then later withdraws it, the officers ______. a. must stop immediately b. must stop immediately and return any seized items c. may finish searching their immediate area d. may disregard the withdrawal of consent

a. must stop immediately

The U.S. Supreme Court has held that "______" is the standard for measuring the scope of consent to a search. a. objective reasonableness b. subjective reasonableness c. officer interpretation d. reasonable interpretation

a. objective reasonableness

Which of the following cases held that the area within the immediate control of the arrestee mat properly be searched, but there is no justification for police to search rooms other then the one in which the arrest occurred? a. Chimel v. Alabama b. Chimel v. California c. Riley v. California d. Dodd v. The People

b. Chimel v. California

The U.S. Supreme Court has held what in regard to the search of a suspect's crotch area? a. Consent to search a person includes any area of the body b. Consent to search a person includes any outer area, but not the body cavities c. Special permission must be obtained to search an individual's crotch area d. Officers must obtain specific permission from the individual to search any body part

b. Consent to search a person includes any outer area, but not the body cavities

Which of the following is not one of the standard justifications for allowing a warrantless search incident to arrest? a. Maintain the safety of the officer b. Maintain the safety of the suspect c. Prevent the suspect from fleeing d. Prevent the concealment of evidence

b. Maintain the safety of the suspect

Which of the following is not a reason the U.S. Supreme Court adopted the bright-line rule in regard to a search incident arrest? a. The courts do not have the resources to review every search incident to arrest. b. Officers should not be forced to judge reasonableness in that manner. c. Officer safety is of utmost importance. d. Arrestees have lost a degree of personal privacy.

b. Officers should not be forced to judge reasonableness in that manner.

What standard of proof is required for police to search an automobile using the automobile exception? a. Beyond a reasonable doubt b. Probable cause c. Preponderance of the evidence d. Reasonable suspicion

b. Probable cause

In order for an officer to validly conduct a Terry pat down of an individual , the officer must have at LEAST: a. Probable cause that a crime was committed and probable cause the subject committed it. b. Reasonable suspicion that a crime is afoot and reasonable suspicion that the person is armed. c. An intuitive presumption that a crime has been committed and probable cause that the suspect is armed and dangerous. d. Reasonable suspicion that a crime is afoot ad probable cause that the suspect is armed and dangerous.

b. Reasonable suspicion that a crime is afoot and reasonable suspicion that the person is armed.

In regard to the term "Stop and Frisk", which of the following statements are true: a. The Fourth Amendment does not apply to stop and frisk situations. b. The conduct of the suspect does not apply to stop and frisk situations. c. The stop is not independent from the frisk; if an officer has reasonable suspicion to stop he can automatically pat the outer clothing for his protection. d. Officers can pat anyway down for their own protection.

b. The conduct of the suspect does not apply to stop and frisk situations.

To pass constitutional muster, consent given to allow for a consent search must be all but which of the following? a. Voluntary b. Well informed c. Not the result of coercion d. Not the result of duress

b. Well informed

The procedural rule requiring officers to announce their presence before entering a home is known as the ______ rule. a. informed-entry b. knock-and-announce c. safe-entry d. reasonable-entry

b. knock-and-announce

In which of the following scenarios can an officer not conduct a search incident to arrest/citation? a. A 17-year-old suspect is arrested for burglary b. A seemingly nonviolent woman is arrests for felony theft c. A seemingly violent man is issued a citation for speeding d. A 17-year-old suspect is arrested for shoplifting

c. A seemingly violent man is issued a citation for speeding

Which of the following is not one of the three situations listed in Wilson v. Arkansas when the police need not knock and announce? a. There exists a threat of physical violence. b. A prison has escaped and fled into the home. c. It is reasonably expected the suspect will attempt to flee. d. It is reasonably expected that evidence will be destroyed.

c. It is reasonably expected the suspect will attempt to flee.

Police observe a suspect with a bag they believe (with probable cause) to be carrying drugs. The suspect places the bag in the trunk of the car and drives away. When the police stop the vehicle, where can they look to find the drugs? a. Anywhere in the car drugs can be hidden b. On the suspect's person and in the trunk c. On the suspect's persona and in the bag in the trunk d. They cannot stop him until they get a warrant

c. On the suspect's persona and in the bag in the trunk

What level of proof is needed to establish that a suspect consented to a voluntary search? a. Beyond a reasonable doubt b. Probable cause c. Preponderance of the evidence d. Reasonable suspicion

c. Preponderance of the evidence

Which of the following is a reasonable amount of time to wait before an officer forcibly enters the home after notifying the inhabitants of his presence? a. 30 seconds b. As many as 5 minutes c. The amount of time varies with the circumstances d. It depends on the nature of the offense in question

c. The amount of time varies with the circumstances

Voluntariness, as required for consent, is determined using which test? a. The consent test b. The objective person rule c. Totality of the circumstances d. Probable cause

c. Totality of the circumstances

In which of the following scenarios is it most likely that voluntary consent to submit to a search will be found? a. An officer asks a suspect six times for permission before he grants it b. A suspect refuses to answer an officer's request for permission but then does not object when the officer searches his bag c. Police interrogate an elderly suspect for 12 straight hours before asking once for permission to search and he grants it d. A suspect voluntarily turns himself in to the police and submits to a search in the police station after being taken into custody

d. A suspect voluntarily turns himself in to the police and submits to a search in the police station after being taken into custody

Two roommates share an apartment, sharing all rooms except for their separate bedrooms. Which of the following rooms can one roommate grant consent to a search? a. Living room b. Kitchen c. Bathroom d. All of the above

d. All of the above

Which of the following searches incident to arrest is most likely to be ruled unconstitutional? a. An officer arrests the subject in his bedroom and searches under his bed. b. An officer arrests the subject in a diner and searches the pockets of his coat on the seat next to him. c. An officer arrests a suspect who was driving his car and searches a backpack in the backseat. d. An officer arrests a suspect who was driving his car and searches the trunk of his car.

d. An officer arrests a suspect who was driving his car and searches the trunk of his car.

The concern over officer subjective motivation is not a concern of the Fourth Amendment but the Equal Protection Clause of the ______ Amendment. a. First b. Fifth c. Ninth d. Fourteenth

d. Fourteenth

Which of the following is not true regarding inventory searches? a. Unlawful items found can be used as evidence at trial. b. They cannot be used as a pretext for an investigative search. c. Police departments must have standard policies in place to conduct them. d. Officers are required to have reasonable suspicion to inventory the content of a container.

d. Officers are required to have reasonable suspicion to inventory the content of a container.

Which of the following best describes the rules addressing how long officers must wait after a knock and announcement before breaking into a building? a. Officers must knock and announce once, then wait about 15 seconds. b. Officers must knock and announce twice, then wait about 15 seconds. c. Officers must knock and announce once, then wait 1 minute. d. Officers must knock and announce once. The wait time depends on the situation at hand.

d. Officers must knock and announce once. The wait time depends on the situation at hand.

Which of the following is not a standard detail given in a warrant application to fulfill the particularity requirement? a. The specific address to be searched b. Specific locations at an address (e.g., bedroom, garage) c. The item to be searched for and/or seized d. The method of searching being used

d. The method of searching being used