CJUS 410 Midterm

Warrants must be issued by:

A neutral and detached magistrate.

For fourth amendment purposes, government officials can include:

All of the above

Which of the following is a common time constraint with regard to the service of search warrants?

All of the above-take place promptly, served during daytime hours, cannot last indefinitely, must obtain new warrant to reenter.

Which of the following is a requirement for a valid search incident to arrest?

All of the above-the arrest must be lawful, probable cause must be in place in advance of the arrest, the search should take place soon after the arrest.

Which of the following individuals can be considered to have standing?

All of the above. People who have the right to exclude others from the property in question, have continuing acess plus possessory interest, people who are legitimately on the premises and have a possessory interest in the item seaized.

The _________ rule announced in Chimel provides that, pursuant to a valid arrest, the police may search the are "within the immediate control" of the arrestee

Armspan

Probable cause is always required in which of the following scenarios?

Arrests with warrants, searches and seizures of property without warrants, and searches and seizres of persons without warrants.

Which of the following is not a reason articulated by the supreme court as a reason allowing automobile searches without a warrant:

Automobiles are not subject to the probable cause requirement.

With regard to a search, when does justification need to be in place?

Before the search

Which of the following is an example of enhancement device?

Drug dogs, thermal imagers, and flashlights are all enhancement devices.

According to the supreme court in Michigan v summers, why may police lawfully detain a person without probable cause during the service of a search warrant?

During the time that a search warrant is executed in the person's house

Emergency situations allowing for searches without a warrant are referred to as:

Exigent circumstances.

A frisk is included in the warrantless search category.

False

Automobile searches can lawfully occur without a warrant and without probable cause.

False

The three most common levels of justiciation are probable cause, reasonable certainty, and administrative justification.

False

With regard to the probable cause showing, the officer applying for a search warrant must only show probable cause that the items to be seized are connected with criminal activity.

False

Which of the following is not a type of exigency recognized by the courts that authorizes the police to act without a warrant?

Inconvenient to obtain a warrant

A search warrant must be supported by probable cause that the:

Items to be seized are connected with criminal activity.

After a search warrant is served, the police must

Leave an inventory of the items seized.

A plain view seizure is authorized when:

Police are lawfully in the area where the evidence is located, the items are immediately apparent as subject to seizure, and discovery is inadvertent.

_________ is necessary before the police can engage in a search.

Probable cause

Which of the following is a type of warrantless search or seizure?

Search incident to arrest

The notion that certain persons cannot object to a search or seizure is known as:

Standing

Which of the following is not an exception to the Fourth Amendment's warrant requirement?

Suspicion search

To which of the following senses has the plain view doctrine not been applied?

Taste

Concerning the scope of a search incident to arrest, a police officer may search:

The arrestee, the area within the immediate control of the arrestee, the arrestee and all of his or her personal effects.

The execution of search warrants is subject to ___________ constraints.

Time, scope, and manner.

Arrests require probable cause but investigatory stops only require reasonable suspicion.

True

In Breithaupt v. Abram the Supreme Court upheld the warrantless intrusion (via a needle) into a person's body for the purpose of drawing blood to see if he had been drinking.

True

The term "person" in the Fourth Amendment can include communications.

True

When a private individual is used deliberately in place of the police, Fourth Amendment protections are triggered.

True

With regard to the probable cause showing the officer applying for an arrest warrant must simply show probable cause that the person to be arrested committed the crime.

True

When may the police use deadly force while serving an arrest warrant?

When the suspect attempts to flee and will likely inflict harm on other people or officers

Particularity is concerned with which of the following?

Who is being arrested, description of person, where search is being conducted, what evidence is sought.