Ch. 7-10 Criminal Procedures

The holding in Belton applies only if there has been a _______ of any occupant of a car.

Custodial arrest

An officer arrest the driver of an automobile and places her handcuffed in the backseat of the police car. The officer(May/may not) apply Belton and search the passenger compartment of the car.

May

If a police officer has stopped a motorist for speeding, intending to issue a traffic citation and allow the motorist to proceed. Under Belton the officer (may/ may not) not search the car

May not

Court ruled that in a search incident to arrest the officer was limited to searching for 1)________, 2)__________, 3)_________.

Means of escape, easily destructible evidence, weapons

Under the Belton rule, an officer may search any container within the _______.

Passenger compartment

Courts have consistently ruled that an investigative detention must be temporary and last no longer than necessary to effectuate the _______ of the stop.

Purpose

If officers make an arrest within a premises, they may make a protective sweep of other rooms within the premises to search for an accomplice with ________

articulable facts on which to base reasonable suspicion that others may be present

Officers knock on a door of an apartment being rented by a male suspect. A female opens the door and the officers ask her if the suspect is home. She says, "Not right now," but the officers don't believe her and want permission to enter and look for themselves. They have no warrant or other justification. They should first

ask if she lives there.

If a person consents to a search, they may withdraw the consent ______.

at anytime

To establish that consent was valid, the prosecutor must show that the consenter had _______ and ____________.

authority, gave consent voluntarily

If officers execute a search warrant for stolen guns and locate all stolen guns, and later discover marijuana, it will _______

be inadmissible

A person has been seized within the meaning of the Fourth Amendment if in view of all of the circumstances surrounding the incident, a reasonable person would have _________.

believed that he was not free to leave.

When the prosecuting attorney attempts to introduce into court evidence obtained as a result of a consent search, the court requires that the prosecutor prove by _________ that the consent was voluntary.

clear and convincing evidence

The key factor(s) in deciding whether or not a warrant is required to open any container seized incident to arrest of a person is(are) whether or not the container is both _________ and ________.

closely associated with the arrestee's person and still in the arrestee's immediate control.

A police officer has made a custodial arrest of a person for a traffic offense. The officer may search the arrestees ______, ______, & ________.

clothing, wallet, anything in the arrestees pockets.

If law enforcement airplane are flying over a cornfield and observe a marijuana field, land and approach, their observation from the plane ________

does not violate the fourth amendment

If officers are making a protective sweep after an arrest, and open the door of a bedroom, they may ____________.

enter the room, open closets, look under the bed but not open the drawers.

The determination of the reasonableness of stops and frisks involves balancing a person's right to privacy and right to be free from unreasonable searches and seizures against _____, _____, and ______.

governmental interests, crime prevention/detection, and safety of law enforcement officers.

Before conducting a frisk, an officer must believe which of the following to be true?

he is dealing with an armed and dangerous individual

If the police conduct an extensive search for evidence at the scene of a murder for several days at a murder victims apartment, the evidence is _______

inadmissible

A police officer has arrested a man for assault. The arrestee is carrying a backpack. During an immediate search of the person incident to the arrest the officer (may/ may not) search the backpack without a warrant or additional justification

may

If a police officer has arrested a person for sexual assault, the officer (may/may not) search the arrestee completely including seizing hair samples from the pubic region without a warrant

may

If a uniformed police officer approaches a suspect with intent to arrest her after observing her sell drugs unlawfully, and she sees them approaching and then places a zippered leather pouch on the ground between her legs, the officer (may/may not) open the pouch immediately without additional justification.

may

police officer arrests the driver of a car based on a warrant for unpaid traffic fines. There are passengers in the car. The officer (may/ may not) without further justification search the driver, the interior of the passenger compartment of the car and any containers therein.

may

If a commercial airline finds cocaine in luggage, to have a lawful seizure the officers __________

may immediately open the luggage themselves.

A police officer has arrested the driver of a car for burglary. The officer calls for the car to be towed from the scene to the police impound lot. Using Belton for justification at the impound lot, the officer (may/may not) search the car.

may not

Incident to arrest, officer(may/may not) search luggage which the suspect was carrying once it is under the exclusive control of the police.

may not

If an officer has made a lawful arrest, and sees contraband(burglary tools), the officer _______

may seize the contraband(burglary tools) under the plain view doctrine.

If law enforcement executing a search warrant for guns discover fireworks, the officers __________

may seize the fireworks under the plain view doctrine

The main advantage of a consent search for law enforcement personnel is that it is __________.

more convenient than warrant procedure.

If a show of authority by a law enforcement officer does not result in a halting or submission by the person being confronted, there is _______ under the Fourth Amendment.

no seizure

Relying on the plain view doctrine, the Minnesota v. Dickerson ruling stated that officers could seize non-threatening contraband, such as drugs, if its identity as contraband is immediately apparent to the sense of touch. This exception is best known as the _____

plain touch exception

The only person able to give a valid consent to search is the person whose ________

privacy will be invaded

Any police initiated action that relies solely on the race, ethnicity, or national origin of a person and not his behavior would be best described as _______.

racial profiling

A police officer who detains a person must have ________ supported by articulable facts that criminal activity may be afoot.

reasonable suspicion

An officer acting under the plain view doctrine does not actually _____.

search

An officer receives permission from the resident of an apartment to look around. This permission allows the officer to ________.

search drawers in cabinets and dressers.

If the police have arrested an individual, the best tactic to insuring that the consent will be considered voluntary by the court is to ________

tell him that he has a right to refuse permission to search.

If an officer who has detained an individual, the search was valid because

the actions indicate voluntariness

Consent will generally be held to be involuntary when _______

the consenter is the subject of an illegal arrest.

The primary requirement for an officer to seize evidence under the plain view doctrine is that _________

the officer must be lawfully present in the place where the sighting is made

In Chimel v California the court ruled that an officer may search ________________.

the person arrested and the area into which he could reach for a weapon without additional justification.

Courts use the _______ test to determine voluntariness.

totality of circumstances

If an officer observes a woman he is about to arrest put drugs into her mouth, the officer may _______

use a safe choke hold to force the suspect to spit out drugs.

If a police officer has arrested a man for unlawful possession of narcotics and the arrestee is carrying a suitcase, the officer may remove the suitcase from the arrestee's possession and transport the arrestee and the suitcase to the police station. If an hour later, after booking the arrestee the officer searches the suitcase, he or she may only do so (with/without) a warrant.

with

If police officers investigating a shooting lawfully enter a suspects apartment and observe a stereo that is possibly stolen,

you cannot move the stereo for a serial number.

Many things can affect the reasonableness of a police initiated stop. According to the text and the most recent case law, usually a case that involves a stop of ___________ is probably outside an acceptable time limit.

20-25

The Belton rule applies when an officer makes an arrest of ________ of a car.

Any occupant

___________ is the level of proof that is required in court to establish the voluntariness of consent.

Clear and convincing evidence

Stop and frisk procedures are serious intrusions on a person's privacy and are governed by which of the following Amendments to the Constitution?

Fourth

A limited search of a person is best described as a(n) ______.

Frisk

For a consent search to be valid, the consent must be _______.

Voluntary

Under the plain view doctrine, an officer

Seizes but does not search

A ____ is the least intrusive type of seizure of a person under the 4th Amendment.

Stop

In which of the following cases did the Courts recognize the need for law enforcement officers to protect themselves when suspicious circumstances indicate possible criminal activity afoot by potentially dangerous persons, even though probable cause to arrest may be lacking?

Terry v. Ohio

The belief that the discovery of an item by an officer must be inadvertent is not a requirement of the plain view doctrine.

The belief that the discovery of an item by an officer must be inadvertent

A law enforcement officer's power to detain and question suspicious persons dates back to _____

The common law of England

A police officer has informed a man seated at a desk in his home that he is under arrest. The desk top is cluttered and the desk has many drawers within easy reach of the arrestee. One drawer is locked. As incident to the arrest, the officer may search the man, ___________ and _____________.

The desk top and the unlocked drawers of the desk

The requirements of the plain view doctrine do not include which of the following?

The officer may develop probable cause to believe that the item is subject to seizure by handling and thoroughly examining the item

The requirements of the plain view doctrine do not include which of the following?

The officer must not use any means to enhance her ability to observe