chapter 3 review (legal aspects)

the federal rules of criminal procedure require that a search warrant must be executed with ____ days after it is issued

10

as a general rule, the 4th amendment requires police to obtain _____ before conducting a search or seizure

a warrant

the 4th amendment does not apply to property that has been:

abandoned

which of the following often qualifies as a permissible warrantless search?

all of these

the 4th amendment protects a person's rights against the police, but generally does not apply to searches and seizures conducted by:

any of these

which of the following statements is INCORRECT? a. constitutional protections against unreasonable searches and seizures are not violated by police who make warrantless searches when the police have a reasonable basis to believe that an occupant within a house is in immediate need of aid b. police who seek to conduct a warrantless search must first advise a person that he or she has the right to refuse to consent to such a search c. the u.s. supreme court has ruled that the 4th amendment does not restrict searches and seizures conducted by u.s. agents of a nonresident's property located in a foreign country d. courts often excuse compliance with the "knock and announce" requirement when to require strict adherence would endanger the lives of the officers or provide an occasion for occupants to dispose of evidence

b. police who seek to conduct a warrantless search must first advise a person that he or she has the right to refuse to consent to such a search

which one of the following statements is incorrect? a. by far the most significant english case in the area of search and seizure prior to the american revolution was entick v carrington b. the usa patriot act permits federal magistrate judges in any district in which terrorism-related activities may have occurred to use search warrants for searched within or outside the district c. federal law permits courts to issue wiretap orders for indefinite periods of time d. courts have generally disapproved of blanket policies that allow strip searches of all persons who have been arrested, particularly where traffic violators are concerned

c. federal law permits courts to issue wiretaps order for indefinite periods of time

the ____ is justified by the need to deter police misconduct, but it exacts a high price to society in that "the criminal is to go free because the constable has blundered"

exclusionary rule

a "search" within the 4th amendment refers only to a physical penetration of someone's person or property

false

police may search a home without a warrant when the homeowner is arrested on the front lawn

false

police must have "probable cause" before subjecting a suspicious person to a "stop-and-frisk"

false

the 4th amendment applies to all premises and property, even premises and property that have been abandoned

false

the 4th amendment contains a provision expressly prohibiting the use of evidence obtained through an unlawful search and seizure

false

the ____ doctrine holds that evidence derived from other evidence that is obtained through an illegal search and seizure is itself inadmissible

fruit of the poisonous tree

the u.s. supreme court has recognized a limited _____ exception to the 4th amendment exclusionary rule

good-faith

the judicial extension of the 4th amendment and other protections of the bill of rights to limit the actions of the state and local government is referred to as the doctrine of:

incorporation

title III of the omnibus crime control and safe streets act of 1968 limits _____ without a court order unless one party to the conversation consents

interception of electronic communication

a ____ is a device that allows the police to learn every number dialed from a specifically targeted telephone

pen register

which of the following doctrines would permit a police officer to seize contraband discovered on the floor of an apartment during a valid emergency search?

plain view

to invoke the 4th amendment exclusionary rule, a person must have:

standing

routine searches of persons and automobiles crossing _____ are not prohibited by the 4th amendment

the borders of the us

the good-faith exception to the 4th amendment exclusionary rule recognized in u.s. v. leon (1984) does not apply to cases where:

the good-faith exception does not apply to these answers

in illnois v rodriguez (1990), the u.s. supreme court that the test to be applied in determining whether a third-party consent to search is valid is:

the police officer's subjective belief that the third party has the authority to grant consent to a search of the premises

when evaluating applications for search warrants based on tips from confidential or anonymous informants, magistrates must consider the:

totality of circumstances

a tip from a confidential informant can give rise to probable cause to obtain a search warrant

true

any means of invading a person's reasonable expectation of privacy is considered a "search" within the meaning of the 4th amendment

true

courts have approved properly established and conducted sobriety checkpoints where all drivers passing a certain point are stopped briefly and checked for signs of intoxication

true

police may make a warrantless seizure incriminating evidence when they are lawfully in an area and that evidence is in plain view

true

the 4th amendment to the us constitution has been extended to searches and seizures conducted by state and local law enforcement officers

true

in _____ (1914), the u.s. supreme court first held that evidence obtained through an unlawful search and seizure is itself inadmissible

weeks v u.s.

in the u.s. v jacobsen (1984), the supreme court held that the 4th amendment "is ____ to a search and seizure......effected by a private individual not acting as an agent of the Government or with the participation or knowledge of any government official"

wholly inapplicable

in conducting a warrantless search to a lawful arrest, police may search the person being arrested and the area

within that person's immediate control

in a famous debate in 1761, james otis called the _____ "the worst instrument of arbitrary power, the most destructive of english liberty and the fundamental principles of law that ever was found in an english law book"

writs of assistance