Search and Seizure

On occasion, circumstances will come to light during a detention that will change its focus, justify extending its duration, or provide probable cause for arrest. Which of the following would NOT be one of those occasions?

???

Which of the following statements concerning detentions is NOT TRUE?

A police pat down of a susoect for weapons does not constitute a detention.

Which of the following statements concerning duty to stop and use of force to stop a suspect is NOT TRUE?

A suspect has "a right to resist" a lawful detention.

Which of the following statements concerning reasonable suspicion is NOT TRUE?

"Reasonable suspicion" isa standard considered greater than probable cause.

A lawful search can be defined as (select the BEST answer):

Any looking from a place an officer has a right to be.

The _____________ comes into play when a court determines that a search by police was unlawful and evidence may need to be thrown out of court.

Exclusionary rule

Which of the following statements concerning searches and seizures during consensual encounters is NOT TRUE?

It is never permissible for an offcer to ask for consent to search.

Which of the following is NOT one of the specific factors the court looks at in deciding whether an officer's suspicion was reasonable.

an officer's suspicions

Once an officer has stopped or detained the suspect, he may take whatever investigative actions are reasonable under the circumstances. Which of the following is NOT one of the common technique used by police?

Always bringing the suspect to the victim for an in-field "show-up".

An officer atopwa a motorist for speeding. The motorist gets out of his car and begins yelling profanities at the officer in a threatening manner. If the officer feels threatened be the motorist conduct and he becomes worried about his own safety, the officer may:

Conduct a limited pat down for weapons.

In order for a vehicle search incidental to be reasonable, the search must be conducted:

Contemporaneously (at the same time as) with the arrest.

Which of the following statements is NOT TRUE?

Dealing with a suspected dangerous delon is by definition not enough probable cause for a pat-down search.

An offficer stops a motorist for speeding and sees an unopened six pack of beer on the front seat partially covered by a coat. The driver is 21 years old and there is no indication he has been drinking. The officer may:

Do nothing about the beer.

An officers stops a motorist for speeding and sees an open can of BUdweiser beer under the seat. The officer asks the driver to hand it to him and the motorist does so. The beer can is empty and appears to have been consumed a long time ago as the can is hot, the officer may:

Do nothing about the empty beer can.

A detention is not temporary and may last as long as is necessary to resolve theh circumstances that justified its initiation.

False

An anonymous tip, by itself, will normally be sufficient to justify a deneton or pat down regardless if there is sufficient corroboration or other indications of reliability.

False

If officers see a weapon, contraband, or evidence of crime in plain view during a detention, they are entitled to seize it without a warrant.

False

Immediate control- means the area within "eye's reach" of the arestee- the nearby physical area from which he, in theory, could grab a weapon or destory or conceal evidence.

False

In conjuction with a lawful, custodial arrest, officers are entitled to search the arrestee's person, but not the immediate area around him.

False

Reasonable suspicion may be based, in whole or in part, on broad profiles which cast suspicion of the particular person to be stopped.

False

The United States Supreme Court has held that it does not make sense from the standpoint of officer safety to detain someone.

False

The area that may be searched incident to an arrest is limited to what is within the "immediate control" of the suspect.

False

When challenged, the legality of a search or seizure is always decided during trial, either as part of the post trial hearing, or at a seperate pre-trial "suppression" motion, or both.

False

An officer is getting out of his police car in a parking lot. He hears someone crying in a van nearby. Which of the following is NOT TRUE?

He can break into the van if there is no reponse from the person inside

An officer needs to be extremel careful about tranporting a suspect to another location during a detention. Which of the following statements concerning movement of a suspect is NOT TRUE?

If an officer requires the suoect to accompany him to another locaton or interrogation room with valid consent of the suspect, it will turn a simple detention into an unreasonable arrest.

Which of the following statements is NOT TRUE?

In deciding whether or not to suppress the evidence, the court may not look at the officer's state of mind (did he/she act in "good faith"?).

The primary reason why illegally obtained evidence is not admissibke in court is:

It was obtained through improper search prodcedures on the part of the officer.

Under which of the following circumstances is a suspect truly free to leave when being questioned by police?

Police make a consensual contact with a witness to a crime.

Under most State Constitutions and systems of law, warrantless searchesand seizures will be upheld only if the prosecutor can prove that the police conduct came within one of the few "carefully circumscribed and jeaously guarded" exceptions to the warrant requirements. Which of the following following is NOT one of those exceptions?

Search conducted because the suspect has prior arrest.

An officer arrests the driver of a vehicle for being under the influence of alcholic beverages. The officer may search:

The driver and a limited area of the interior of the vehicle.

Officers should be careful about conducting a search for identification, such as by reaching into a supect's clothing, or looking through his wallet. Normally, this kind of intrusion (search) is not permitted during a detention. Which of the following is NOT a situation that would be appropriate for an officer to search for identification?

The officer has not asked for nor reived valid consent to search.

Which of the following statements concerning consenual encounters is NOT TRUE?

The officer must have a specific reason or justofication for initiating this type of contact.

A "search" occurs when an expectation of privacy that society is prepared to consider reasonable is infringed upon by the police.

True

A "seizure" of property occurs when is some meaningful interference with an individual's possessory interest in that property.

True

A true emergancy situation or "exigency" will allow officers to search a person, just as it will allow them to search a house, vehicle or anything else.

True

An officer has the right under the "exigency" or "hot pursuit" doctrine to follow a suspect he is chasing into a building.

True

During a detention, officers have no powerto conduct a general, full, exploratory search of the suspect.

True

Following a lawful arrest an officer may search any containers (open or closed) that are found on the arestee or under his immediate control.

True

Generally, evidence that a suspect discards before or during a lawful detention may be seized, exminaned, and is admissible in court.

True

If an officer starts exerting or asserting authority over the person by giving orders, making demands, displaying a weapon, or using a harsh tone of voice the contact will be viewed as an unlawful detention unless supported by 'reasonable suspicion".

True

If during a detention the officer does not learn facts rising to the level of probable cause, the individual must be allowed to go on his way.

True

Miranda Warnings are necessary when an officer has a situation involving both "custody" and "interrogation".

True

Officer safety is a basis for permitting a limited search for weapons, also known as a pat down or frisk.

True

Officers can properly base a detention on information they receive from an eyewitness, victim, fellow police officer, dispatcher, or--if accurate-- other "official channels".

True

Officers may conduct a pat-down or limited weapons search only of a detainee's outer clothing. (Stuatuions involving officer safety)

True

Officers should avoid using force and/or physical restraints, such as handcuffs or guns, during a detention situation whenever possible. These "indications of custody" may cause a court to view the detention as an arrest.

True

Race or ethnicity is proper fcator to consider when officers make a decision to stop or detain someone if it is part of a description of a specific suspect.

True

Whhen police officers deal with a member of th epublic, the law will classify it as either a "consenual encounter," a "detention", or an "arrest".

True

Which of the following statements about the Fourth Amendment to the United States Constitution is NOT TRUE?

Warrants need not describe the place to be searched, and the persons or things to be seized.

Which of the following statements concerning flights of a suspect is NOT TRUE?

When an officer catches a fleeing suspect, or when the suspect stops in reponse to the officer's actions or commands a detention has occurred.