Chapter 7: Search and Seizure of Things
Which statement from police is most likely to be seen as producing voluntary consent?
"Would you mind if I came in to look around?"
In what way is a search warrant different from an arrest warrant?
A search warrant will expire.
Which of the following is NOT true about administrative searches, in comparison to law enforcement searches?
Administrative searches are meant to enforce criminal law.
What legal principle underlies a valid warrantless entry of a private residence?
Apparent authority principle
What standard must law enforcement meet to possibly justify the surgical removal of a bullet from a criminal suspect?
Compelling need
What is the significance of the apparent authority principle?
If police are mistaken about the consenting person's ability to agree to a search, the results of their search might still be legal.
In general, what does consent to search a home entail?
It depends on the type of consent given, and it must stay within that defined scope.
How must consent be given in order for consent to a warrantless search or seizure to be valid?
It must be voluntary.
Who has the burden of proof regarding probable cause when a search is made without a warrant?
Police
What legal standard applies to a warrantless search of probationer and parolee homes?
Reasonable grounds
What type of search and seizure by police officers is most likely to be deemed valid by courts?
Searches and seizures conducted with a warrant
What legal term is defined as the exercise of dominion or control over a person or thing by the government because of a violation of law?
Seizure
What legal authority determines exceptions to the knock-and-announce rule for searches and seizures?
State law
A search incident to lawful arrest exception would allow officers to search which area of a residence?
The area within the suspect's immediate control
Generally, how do the legal requirements for the search and seizure of a computer differ from those that apply to other types of searches and seizures?
The legal requirements are the same
Which circumstance justifies an officer entering a dwelling without a warrant? The officer suspects a crime is being committed inside. The officer suspects there is evidence of a crime inside. The officer has a reasonable suspicion that drugs are inside. The officer hears cries for help.
The officer hears cries for help.
What party can revoke a consent to search?
The person who gave the consent
Dogs sniffing for illegal substances at an airport does not require a warrant as long as what is being sniffed is in __________.
a public place
Since 1965 the right to privacy has been recognized as a constitutional right and enjoys constitutional protection when it meets what standard?
a reasonable expectation of privacy
One example of a special needs exception to the warrant and probable cause requirements of a search is a(n) __________.
airport search
A warrant to search an area where contraband is expected to arrive is known as a(n) __________.
anticipatory warrant
Which item is an example of contraband?
counterfeit money
Which type of exception to the requirement of a warrant exists in cases where some kind of emergency makes getting a warrant impractical, useless, dangerous, or unnecessary?
exigent circumstances exception
What is the term for continuing to search without justification once the items in a warrant have been recovered?
fishing expedition
Stolen goods and forged checks found in a suspect's home are examples of __________.
fruits of the crime
To avoid running afoul of the Fourth Amendment, searches by off-duty officers are typically considered to be __________.
government searches
The right to privacy can be described as a(n) __________.
penumbra
The U.S. Supreme Court says one of the requirements for a reasonable expectation of privacy to exist is that this expectation is one that __________.
society is prepared to recognize as reasonable
Which of the following rights is not specifically mentioned in the Constitution?
the right to privacy
Which of the following is not a requirement for a search warrant?
the signature of the senior officer executing the search warrant
