Chapter 7, Chapter 8, Chapter 6

No-knock searches always violate the Fourth Amendment.

False

Once given, consent to search cannot be withdrawn.

False

T/F: A warrant is never needed for use of a beeper to locate cars.

False

T/F: In a stop and frisk involving a motor vehicle, officers may search the entire vehicle for weapons.

False

T/F: Inventory searches of vehicles are never valid.

False

Reasonableness governs the scope of a search

True

Some state statutes permit no-knock warrants.

True

Some types of searches do not need a warrant.

True

T/F: A vehicle stop is a type of Fourth Amendment seizure.

True

T/F: After a valid stop, the officer may ask questions of the driver and passengers.

True

The general rule is that searches and seizures can be made only with a warrant.

True

There is no constitutional requirement that a warrant application must be in writing.

True

There is no need for a search warrant or for probable cause to conduct dog sniffs.

True

M.C: In which of the following ways are vehicle stop and roadblock dissimilar? a) Reasonable suspicion is required. b) Probable cause is required for searches. c) Police may ask questions d) Police may "look around" the vehicle

a) Reasonable suspicion is required.

M.C: The rules discussed in this chapter regarding motor vehicle searches are based primarily on _________. a) U.S. Supreme Court decisions b) federal statutes c) state laws d) state Supreme Court decisions

a) U.S. Supreme Court decisions

M.C: If there has been a lawful impoundment of a vehicle, police may conduct an inventory search: a) automatically, if there is no bad faith on the part of the police and to do so is authorized by department policy b) only on reasonable suspicion c) only on probable cause, but no warrant is required d) only on probable cause supported by a warrant

a) automatically, if there is no bad faith on the part of the police and to do so is authorized by department policy

M.C: The minimum requirement for an officer to arrest the passengers of a car along with the drivers: a) probable cause b) a warrant c) reasonable suspicion d) clear and convincing evidence

a) probable cause

M.C: An officer makes valid stop of an automobile. The officer has a reasonable suspicion that the suspect is armed and dangerous. The suspect is out of the vehicle. With regard to the passenger compartment of the vehicle, the officer may: a) search it immediately b) not search it because the suspect is out of the vehicle c) search it, but only if the officer has probable cause d) search it only after obtaining consent from the driver

a) search it immediately

M.C: A vehicle stop is a Fourth Amendment a) seizure of persons and property b) search of property c) search of a person d) seizure equivalent to an arrest

a) seizure of persons and property

Searches and seizures of things are governed by the: a. Fourth Amendment b. Fifth Amendment c. Sixth Amendment d. Eighth Amendment

a. Fourth Amendment

Which of the following situations have the Court held violated the Fourth Amendment in Wilson v. Layne (1999)? a. media ride-alongs b. warrantless misdemeanor arrests c. warrantless felony arrest d. police videotaping of drug busts

a. media ride-alongs

The police have a warrant to arrest Tom Jones. They discover that he is in the house of Jim Smith. To lawfully arrest Jones in Smith's house, the police: a. must obtain a search warrant for Smith's home b. have proper authority with just the warrant for Jones' arrest c. must obtain a warrant for Smith's arrest d. must obtain consent from jones to enter smith's home

a. must obtain a search warrant for Smith's home

An arrest warrant which has a detailed description of the suspect but does not have the suspect's name is known as a/an ______ warrant a. nominal b. John Doe c. no name d. unidentified

a. nominal

Whether or not a seizure has occurred is viewed from the perspective of a reasonable ______ under those particular facts and circumstances. a. person b. police officer c. judge d. spectator

a. person

In Payton v. N.Y. (1980) the U.S. Supreme Court held that police, in the absence of consent or exigent circumstances, may not enter a suspect's home to make a: a. routine, warrantless felony arrest b. search for a suspect of a violent crime c. search for evidence of an offense that is only a misdemeanor. d. warrantless, hot pursuit arrest of a felon

a. routine, warrantless felony arrest

Which of the following is required to be in a warrant? a. the offense charged b. the person's name c. the person's home address d. the peron's work address

a. the offense charged

M.C: A driver of a vehicle has been lawfully arrested. Incident to that arrest, police may validly search: a) only the front seat area b) the passenger compartment (including containers) for weapons and relevant evidence c) the passenger compartment and trunk (including containers) for weapons and relevant evidence d) search the passenger compartment, trunk and under the hood (including containers) for weapons and relevant evidence

b) the passenger compartment (including containers) for weapons and relevant evidence

A police officer who wanted to obtain a warrant immediately to search a location, on the expectation that contraband will arrive there later, would seek a/an _____ search warrant. a. prospective b. anticipatory c. future d. contingent

b. anticipatory

Warrentless searches with consent are valid, but the consent must be which of the following? a. intelligent b. voluntary c. knowing d. coerced

b. voluntary

A prescription search warrant is a warrant obtained based on probable cause and on an expectation that seizable items will be found at a certain place at a certain time.

False

A search is a meaningful interference with a person's right to possess property.

False

A search is limited to homes, offices, buildings, or other enclosed places.

False

A search of a person's body after an arrest is valid; body cavity searches need no further justification.

False

A search warrant is directed to a law enforcement officer and must state the grounds for issuance and the name of the suspects.

False

T/F: Roadblocks may be used for general criminal law enforcement purposes.

False

T/F: The subjective intention of an officer can invalidate a stop under the Fourth Amendment.

False

T/F: The warrantless exception in motor vehicle stop cases gives the police unlitmited authority to stop vehivles.

False

T/F: To be valid under the Fourth Amendment, a consent to search must be at in writing.

False

T/F: Vehicle stops and searches sound like, and constitute, one continuous act.

False

The right to privacy is not a constitutional right.

False

When serving a warrant, officers must always knock and announce their presence.

False

A search by an off-duty peace officer is still considered to be a search by a government official.

True

Exigent circumstances constitute an exception to the warrant requirement.

True

The Chimel rule holds that a warrant-less search incident to arrest is valid if limited to the area of immediate control, meaning the area from which the person might be able to obtain a weapon or destroy evidence.

True

The distinction between a search and a seizure can be summarized as follows: Search is looking, whereas seizure is taking.

True

M.C: An exception to the usual rule requiring individualized suspicion before stopping a vehicle is certain types of: a) checkpoints b) motor homes c) high-speed pursuits d) high-performance motor vehicle

a) checkpoints

A search warrant is issued by a magistrate on the basis of a ______ signed and prepared by a sworn officer. a. sworn affidavit b. statement of reasonable suspicion c. writ d. complaint

a. sworn affidavit

Under the exception for a search incident to a lawful arrest, officers may search: a. the area in which the suspect could reach to obtain a weapon or destroy evidence b. the entire building in which the arrest is made c. any person in the area of the arrest d. the area and any person in the area in which the suspect could reach to obtain a weapon or destroy evidence.

a. the area in which the suspect could reach to obtain a weapon or destroy evidence

M.C: According to the US Supreme Court in Florida v. White (1999), if police have probable cause to believe a vehicle itself is forfeitable contraband, police may seize that vehicle without a warrant: a) if it is parked on a private property. b) if it is parked in a public place. c) if it is parked in a public or private place and is immobilized. d) none of these

b) if it is parked in a public place.

What are the two types of seizures? a. actual and practical b. actual and destructive c. actual and constructive d. factual and constructive

c. actual and constructive

M.C: Which of the following is not one of the three factors adopted in the balancing test for Constitutionality in sobriety checkpoints. a) the gravity of the public concerns served by the seizure b) the degree to which the seizure advances the public interest c) the severity of the interference with the individual liberties d) All of these are factors

d) All of these are factors

M.C: A stop by a police officer for no reason or without any jurisdiction is: a) not a stop b) unusual c) legal d) Illegal

d) Illegal

M.C: Under the Fourth Amendment, which of the following is not valid purpose for setting up a roadblock. a) immigration law enforcement b) detecting drunk drivers c) checking for drivers' licenses, registration, etc. d) drug detection

d) drug detection

M.C: In Indianapolis v. Edmond (2000), the U.S. Supreme Court invalidated a law enforcement checkpoint program aimed at: a) illegal aliens b) drunk drivers c) illegal border intrusions d) drugs

d) drugs

M.C: Under the Fourth Amendment, which of the following is not an automatically authorized police action following a valid traffic stop. a) ordering the driver to exit the vehicle b) ordering the passengers to exit the vehicle c) requesting a driver's license and other documents required by state law. d) frisking the driver and passengers

d) frisking the driver and passengers

Hot pursuit or fresh pursuit is an exception to the warrant requirement.

True

T/F: Carroll v. United States (1925) was the first major case involving automobile searches.

True

T/F: For Fourth Amendment purposes, mobile motor homes are considered automobiles.

True

T/F: Police officers may set up a roadblock for the purpose of checking licenses and registration.

True

T/F: Probable cause to search must exist prior to the search of an entire vehicle, otherwise the search is illegal.

True

T/F: Regarding the law on vehicle searches, there is no authoritative decision on whether searches of locked trunks or glove compartments are constitutional.

True

T/F: Regarding the law on vehicle searches, warrantless vehicle searches are valid even if there was time to obtain a warrant.

True

T/F: Regarding the law on vehicle stops, reasonable suspicion is determined by the totality of circumstances.

True

T/F: Roadblocks and checkpoints can be an exception to the usual rule that a traffic stop requires individualized reasonable suspicion.

True

T/F: Stop and frisk, law does apply to motor vehicles.

True

T/F: The court has held that a police officer does not need to inform the defendant first that he or she is free to go for a consent to search to be valid.

True

M.C: Which of the following is not a constitutionally valid type of roadblock? a) general law enforcement b) dunk driving c) illegal aliens d) driver's license check

a) general law enforcement

What must a police officer present to a magistrate to obtain an arrest warrant? a. a complaint b. a capias c. an indictment d. an informant

a. a complaint

Under the Fourth Amendment, a seizure is: a. a meaningful interference with a possessory interest in property b. the same as a search c. an intrusion into an area where a person has a reasonable expectation of privacy d. an interference with a reasonable expectation of possession

a. a meaningful interference with a possessory intrest in property

Police are not required to obtain a warrant, even if they have time, in which of the following locations? a. a public place b. their home c. the home of another person d. a foreign country

a. a public place

Which of the following is not a heavily or closely regulated business for the Fourth Amendment purposes? a. a supermarket b. a liquor store c. an automobile junkyard d. a strip mine

a. a supermarket

Police officers may search computers without a warrant in which of the following situations? a. if they have a valid consent b. if they are off duty c. if they want to d. all of these

a. if they have a valid consent

The term contraband generally means: a. items which are illegal for anyone to possess b. fruits of crime c. instruments of crime d. evidence

a. items which are illegal for anyone to possess

Which of the following is not an exception to the warrant requirements? a. search of a home b. search incident to a lawful arrest c. exigent circumstance d. consent

a. search of a home

M.C: An officer makes a valid stop of an automobile and wants to ask the driver questions about his travel plans and what is in the vehicle. These questions: a) must be preceded by Miranda warnings b) may be asked routinely as part of the stop c) may be asked only if the officer has a reasonable suspicion of wrongdoing d) may be asked only if the officer has probable cause to believe there is criminal activity involved

b) may be asked routinely as part of the stop

The common factor in all special needs searches is that they: a. involve highly regulated businesses or industry b. are not initiated by the police c. are based on good faith behavior by the police d. are based on probable cause

b. are not initiated by the police

Which of the following is not one of the elements of arrest? a. seizure b. detention c. arrest authority d. perception of the officer

b. detention

Under the Fourth Amendment, a search is a/an: a. interference with a pecuniary interest in property b. intrusion into an area where a person has a reasonable expectation of privacy c. entry into a public area d. interference with a reasonable expectation of possession

b. intrusion into an area where a person has a reasonable expectation of privacy

According to Welsh v. Wisconsin (1984), what must police consider when determining whether or not there are exigent circumstance justifying a warrantless entry into a house? a. time elapsed since the offense was committed b. seriousness of the offense c. number of offenders involved d. differently obtained a warrant quickly

b. seriousness of the offense

Which of the following is not a legitimate objective of an inventory search? a. to protect the arrestee's property while he or she is in jail b. to find any drugs on the arrestee's person c. to verify the identity of the arrestee d. to protect the police from groundless claims that they have not adquately safegaurded the defendent's property

b. to find any drugs on the arrestee's person

M.C: In pretext stops, the test for validity concerns: a) whether ordinarily the police officers "would have" made the stop b) whether the police officers did make the stop c) whether ordinary the police offices "could have" made the stop d) how many police officers did make the stop

c) Whether ordinary the police offices "could have" made the stop

M.C: An officer makes a valid traffic stop and issues a valid ticket (citation) for the traffic violation. The officer has no additional information about criminal activity, and without permission from the driver, the officer searches the vehicle. Under the Fourth Amendment, this search: a) is a lawful version of a search incident to a lawful arrest b) is invalid because vehicle searches require warrants c) is invalid because there is neither probable cause nor consent d) is valid because there is a risk to officer safety

c) is invalid because there is neither probable cause nor consent

M.C: The two requirements for the vehicle or automobile exceptions to the warrant requirement are: a) probable cause and the vehicle be immobile b) reasonable suspicion and a search warrant c) probable cause and the vehicle be mobile d) probable cause and a search warrant

c) probable cause and the vehicle be mobile

M.C: The minimum requirement for a vehicle stop, with regard to a particular vehicle or drivers is: a) probable cause b) a warrant c) reasonable suspicion d) seizure equivalent to an arrest

c) reasonable suspicion

M.C: A vehicle stop is: a) totally different from a vehicle search, but is governed by the same rules b) not different from a vehicle search, but is governed by different rules c) totally different from a vehicle search, and each is governed by different rules d) not different from a vehicle search, but is governed by the same rules.

c) totally different from a vehicle search, and each is governed by different rules

_____ is defined as the taking of a person into custody against his or her wi;l for the purpose of criminal prosecution or interrogation? a. Stop b. Frisk c. Arrest d. Stationhouse detention

c. Arrest

Taking a person into custody by use of firearm is a type of: a. constructive seizures b. de facto seizure c. actual seizure d. de jure seizure

c. actual seizure

If an officer encourages a private citizen to search his neighbor's house for a stolen television, the Fourth Amendment's protection from unreasonable searches and seizures: a. does not apply to this situation b. applies only if evidence of crime is found c. applies to this stiuation d. does not apply if there was probable cause

c. applies to this situation

Which of the following acts by a law enforcement officer would not be a seizure of a person? a. arrest b. stop c. asking question d. executing a bench warrant

c. asking question

Which of the following may be searched after a valid arrest? a. the body of the arrested person b. the area of the arrested person's immediate control c. both their body and the immediate area d. neither of those

c. both their body and the immediate area

Under the Fourth Amendment, consent to search: a. must be knowing to be vaild b. must be preceded by Miranda warnings c. can be revoked by the person giving consent d. can be implied from silence when asked

c. can be revoked by the person giving consent

One way in which search warrants are different from arrest warrants is that search warrants: a. do not have to be based on probable cause b. can only be approved by judges of courts of record c. can expire d. can be based on stale information

c. can expire

Which of the following is a court order or writ which commands that a police officer take a person into custody? a. citation b. summons c. capias d. complaint

c. capias

Search warrants: a. do not expire b. must signed by a police officer c. must be executed or served in a reasonable fashion d. can be used for fishing expeditions

c. must be executed or served in a reasonable fashion

The general rule is that searches and seizures can be made: a. without a warrant b. without probable cause c. only with a warrant d. without a warrant as long as there is probable cause

c. only with a warrant

If a suspect is lawfully arrested in an automobile, the police may search: a. only the area inside the vehicle that was in the immediate control of the arrestee b. the entire passenger compartment but may not open any containers therein c. the entire passenger compartment and open any containers there in d. the entire vehicle, including the trunk

c. the entire passenger compartment and any containers therein

If an arrest is valid, a. the court will be deprived of jurisdiction over the arrestee b. the arrest will be suppressed c. the evidence obtained during or after the arrest d. the prosecution may not present the case to the grand jury

c. the evidence obtained during or after the arrest

In general, searches and seizures of computers have _____ legal requirements as any other type of seizures. a. more b. less c. the same d. considerably greater

c. the same

The justification for the search of an arrestee's person on arrival at the station is: a. to search for drugs b. to search for evidence of a crime c. to inventory the content of his pockets d. to search for weapon

c. to inventory the content of his pockets

M.C: An officer has validly stopped a motorist and wants to ask the motorist for consent to search. This request for consent: a) must be based on reasonable suspicion that there is contraband in the vehicle b) must be based on probable cause to believe that there is contraband in the vehicle c) may be made only if the suspect is arrested d) can be made automatically and at any time during the stop

d) can be made automatically and at any time during the stop

M.C: Police have probable cause to believe that a container hold contraband. They see the container being placed in a vehicle. They have no probable cause as to the vehicle itself. To validly search the car for the container and seize the container, the police: a) must obtain a warrant to search the car b) must obtain a warrant for the container c) must wait until they have probable cause that the vehicle itself also contains contraband d) need no further justification

d) need no further justification

M.C: Lower courts have generally found that the Fourth Amendment does not prohibit: a) random stops of vehicles to check for drunk driving b) stopping a vehicle solely on the race or ethnicity of the driver c) random stops of vehicles to check for drugs d) roadblocks to check for drivers' licenses and vehicle registration

d) roadblocks to check for drivers' licenses and vehicle registration

M.C: An officer has made a valid stop of an automobile. Which of the following is not automatically authorized? a) asking for consent to search b) asking the driver to produce driver's license and registration c) locating and examining the VIN d) searching the vehicle for contraband

d) searching the vehicle for contraband

In 2000, in Atwater v. City of Lago Vista, the U.S. Supreme Court held that the Fourth Amendment does not prohibit a warrantless arrest for: a. any offense in a public place b. a felony committed in the presence of the officer. c. a misdemeanor not committed in the officer's presence d. a minor criminal offense punishable only by a fine

d. a minor criminal offense punishable only by a fine

Whose perception determines whether a person has been arrested? a. the police officer b. the person being detained c. the judge d. a reasonable person

d. a reasonable person

There is no search within the meaning of the Fourth Amendment if police use drug-detection dogs, as long as the police: a. have a warrant b. have a reasonable suspicion c. have properly trained the dog d. are legally at the location

d. are legally at the location

Searches and seizures by private citizens acting solely on their own: a. require at least reasonable suspicion b. require at least probable cause c. are covered by the Fifth Amendment d. are not covered by the Fourth Amendment

d. are not covered by the Fourth Amendment

Which of the following is mere evidence? a. drugs and illegal weapons b. burglary and safe-cracking tools c. stolen goods and forged checks d. blood stained clothing and shoes

d. blood stained clothing and shoes

Why do roadblocks to control the flow of illegal aliens need less protection than other locations under the Fourth Amendment? a. They are not highly intrusive b. There is a strong governmental interest involved c. exigent circumstances d. both because there is strong governmental interest and they are unobtrusive

d. both because there is strong governmental interest and they are unobtrusive

Which of the following is not a recognized exception to the search warrant requirement? a. exigent circumstance b. administrative search c. search incident to lawful arrest d. crime scene

d. crime scene

Which of the following is not a special needs search? a. public school students b. probationers and parolees c. airport security d. exigent circumstances

d. exigent circumstances

A police officer approaches a suspect in a public place and asks if he or she is willing to answer some questions. This action by the officer: a. must be justified by a warrant b. is the equivalent of an arrest c. is the equivalent of a stop d. is not a seizure

d. is not a seizure

In general, before serving or executing an arrest or search warrant at a residence, the officers must: a. verify that someone is home b. obtain a photograph of the suspect c. obtain a capias d. knock and announces their identity and purpose

d. knock and announces their identity and purpose

The requirement of intention to arrest is hard to prove because it exists only in the mind of the: a. detainee b. judge c. attorney d. police officer

d. police officer

An arrest, like a stop, is a Fourth Amendment: a. seizure of property b. search of property c. search of person d. seizure of person

d. seizure of person