Evidence Ch. 13

Police officers can rely on consent given by:

Anyone with apparent authority over the area.

When conducting aerial surveillance under the Plain View Doctrine, a helicopter may fly:

Anywhere the FAA (Federal Aviation Administration) allows helicopters to fly.

In which of the following situations would the Plain View Doctrine apply?

Execution of search warrant. Probable cause search of vehicle. Aerial surveillance from police helicopter.

A search of the car is never allowed when an officer stops someone based on reasonable suspicion.

False

Officers are allowed to search vehicles only if there is a reason to believe the vehicle has been involved in a crime.

False

Police departments are allowed to set up roadblocks to check cars for illegal drugs.

False

Police may conduct a thorough search of the entire car during the search incident to the arrest of the driver of a car.

False

Police officers must advise suspects of their right to refuse to give consent.

False

Recreational vehicles are not covered by the rule that allows officers to search vehicles without obtaining search warrants.

False

The Open Field Doctrine applies only if the officers are legally at the location where the observation is made.

False

Under the Plain View Doctrine, officers may examine items to find serial numbers so they can check to see if they are stolen.

False

​Building inspectors do not need to obtain warrants in order to inspect buildings and make sure that relevant codes are being complied with.

False

Probable cause is not needed to conduct searches of probationers:

If consenting to a search is a condition of their probation.

If two people have equal right of privacy in a location, consent to search is valid:

If one person consents and the other person does not object to the search.

Police may seize trash in opaque bags that have been left at the curb for the garbage collector.

No warrant required because there is no objective expectation of privacy.

Based on the Plain View Doctrine, if an officer is legally at the location, what level of certainty does an officer need to legally seize an item?

Probable cause

The Plain View Doctrine differs from the Open Fields Doctrine in that:

The Plain View Doctrine requires the officers be legally at the location where the observation was made but the Open Fields Doctrine applies even if officers were trespassing.

Whether or not police obtained valid consent for a search is evaluated based on:

The person voluntarily gave consent based on all the facts present at the time consent was obtained.

Once a police officer obtains valid consent to search a room:

The person who gave the consent can withdraw the consent at any time.

The seizure of abandoned property is not a violation of the Fourth Amendment because:

The seizure does not violate an objective or a subjective expectation of privacy.

Consent given by a person with apparent authority over the area to be searched is valid.

True

If police are conducting a warrantless search of a vehicle based on probable cause the driver is dealing drugs, the police can search the purse of a passenger in the car.

True

Once trash is placed at the curb for the garbage truck, officers may search it without a warrant.

True

Police may thoroughly search the passenger compartment of a vehicle immediately after the arrest of the driver if they have a reason to believe there is evidence in the car related to the crime for which they just arrested the driver.

True

Police officers do not have to obtain a search warrant for a car if they have probable cause it contains contraband.

True

States may establish rules allowing police officers to search junkyards for stolen vehicles without an administrative warrant.

True

The person who gives consent for a search can revoke the consent at any time.

True

​If a car is legally impounded, the police may inventory its contents.

True

​If an officer fails to comply with "knock and announce" when entering a house to serve a search warrant, the Plain View Doctrine will not apply to anything observed inside.

True

​Items a person throws away while trying to escape from the police may be seized as abandoned property.

True

​The Plain View Doctrine only applies if officers are legally at the location where the observation is made.

True