crj proceed chapter 11

Following a traffic stop, an officer has probable cause to arrest an occupant of a motor vehicle, but does not have probable cause to believe that evidence of the crime will be found in the vehicle. The officer places handcuffs on the person and places the individual in the back seat of the police vehicle. Following this

a. the officer may immediately search the arrestee and can have the vehicle towed and an inventory of the vehicle conducted.

In determining whether a vehicle is readily mobile, courts look to

a. whether the vehicle is inherently capable of movement.

A warrant is not required for an inventory that occurs in the field before a vehicle is impounded, but a warrant is required to justify an inventory that takes place after the vehicle is impounded.

b. False

An inventory will be declared an unlawful search if the officer reveals that she suspected that she would find some contraband.

b. False

Law enforcement officers with probable cause to search a motor vehicle may inspect passengers' belongings found in the vehicle that are capable of concealing the object of the search.

b. False

Owners or renters of a vehicle and those riding with them have standing under the Fourth Amendment to challenge a search of a vehicle they recently occupied.

b. False

A person has a lesser expectation of privacy in a car than in a residence because

b. a car travels public streets and its occupants are open to public view.

Based on the California v. Acevedo decision, the scope of a warrantless search of an automobile is:

b. defined by the object of the search and the places in which there is probable cause to believe that it may be found.

Police observe a suspect carrying a brown paper package leave an apartment known to contain marijuana. The package is the same size as packages of marijuana they had seen earlier that day. The individual under observation places the bag in the trunk of his car and starts to drive away. Fearing the loss of evidence, officers stop him. At this time, officers who wish to search the car for marijuana

b. may immediately open the trunk and search the package.

When a vehicle has been impounded, police

b. may inventory according to standard criteria established by their agency.

Courts have created exceptions to the warrant requirement for motor vehicles because of their

b. mobility and lesser expectation of privacy.

If an officer has probable cause that a movable vehicle contains illicit contraband somewhere within it, but is unsure of exactly where, the officer may search

b. the entire vehicle and any containers, locked or unlocked, which are capable of holding the object of the search.

Which of the following is a true statement?

c. The mere fact that luggage is on wheels does not mean that a warrantless search of the luggage is justified under the principles of Carroll.

Which of the following statements is true concerning search incident to arrest and the automobile exception?

c. The requirements needed to justify the search of a vehicle are different for the automobile exception compared to search incident arrest.

Which of the following is not a reason for allowing an inventory of an impounded vehicle?

c. To search for incriminating evidence

Which of the following persons would have standing to challenge a particular search by police that was conducted based on the automobile exception?

c. a person authorized to drive a rental car under a rental contract that has expired.

Officers legitimately stopped an auto and had probable cause to believe that it contained narcotics inside the passenger area. During the search of the car the officer found a closed paper bag and a zippered leather pouch. To lawfully search further, the officer

c. may immediately open both the bag and the pouch.

Police have information that armed robbers carrying the fruits of the crime fled a robbery scene in a light blue compact station wagon. Four men, wearing certain clothing, were said to be in the vehicle. The police stopped a vehicle fitting the description and arrested the four occupants who matched the descriptions. The officers drove the car to the police station garage. The officers

c. may search it immediately.

If an officer has probable cause to search a container after the container has been removed from a vehicle

c. the Carroll doctrine does not apply.

For an inventory to be constitutional

c. there must be a departmental policy.

Officers lawfully arrested the occupants of an auto and, after impounding it, began an inventory of the contents of the vehicle. One officer picked up a jacket on the front seat where an occupant had been sitting and noticed on the seat a burned cigarette which appeared to the officer to be marijuana. The officer's action

c. was justifiable as a plain view seizure during an inventory.

Which of the following best describes the Carroll doctrine?

d. Officers with probable cause may search to the same extent as if they had a search warrant.

Officers driving behind a car observe the driver weaving across the double yellow line and apparently drinking from a can of beer. The officers are about to stop the driver when he turns into his driveway and parks the car in his garage. The officers

d. may make a Carroll search of the vehicle and arrest the driver.

An officer has arrested a driver on a busy city street for Driving While Intoxicated. To lawfully have the vehicle towed from the scene, the officer

d. needs no other authority or justification than department policy.

To use the automobile exception as the basis for a warrantless search,

d. the vehicle must be inherently capable of movement and the officer must have probable cause.

DRUG ENFORCEMENT AGENCY agents heard uncorroborated information that a Dodge mini-motor home, parked on a shopping center parking lot, was being used by a person exchanging marijuana for sex. They watched Charles, accompanied by a juvenile, enter the motor home and then close the shades on all the windows. More than an hour later the juvenile left and the agents stopped and questioned him. The juvenile confirmed that he received marijuana for sex. Agents returned and knocked on the door. Charles came out. A search of the motor home by the agents at this time would be ruled as

d. valid because the vehicle was mobile and not used as a residence.

Whether a driver or passenger can challenge the police on a particular search of his/her vehicle under the automobile exception depends on:

d. whether the driver or passenger have a reasonable expectation of privacy in the vehicle.

For an inventory to be constitutional, the full search of the vehicle must be limited to areas of the vehicle that can contain evidence of the crime for which the suspect was arrested.

false

Law enforcement officers with probable cause to search a motor vehicle may not inspect passengers' belongings found in the vehicle that are capable of concealing the object of the search.

false

If a car is readily mobile and probable cause exists to believe it contains contraband, the Fourth Amendment permits police to search the vehicle without additional justification.

true

The scope of the automobile exception may include a police search of the trunk of an automobile recently occupied by the arrestee.

true

In U.S. v. Ross, the Court emphasized that the scope of a warrantless search of an automobile is determined by

a. the object of the search and the places in which there is probable cause it may be found.

When faced with the possibility of impounding a vehicle, the officer has a constitutional requirement to choose a less intrusive means if it is available.

False

If an officer has probable cause to believe that contraband is contained within a briefcase which is in the passenger compartment of an automobile, the officer may search

a. only the briefcase.

Which of the following is true about police inventory of a vehicle?

a. Police are not permitted to search for evidence of crime.

During an inventory, an officer picks up a jacket from the seat of the vehicle. Underneath the jacket was a clear baggie containing drugs. The doctrine which allows the officer to seize the drug evidence is the plain view doctrine.

a. True

Which of the following is not an important consideration in justifying the search of a vehicle under the Carroll doctrine?

a. all of these options are important considerations

A warrantless examination of the exterior of a car is reasonable under the Fourth Amendment

a. because there is no reasonable expectation of privacy in the readily visible areas.

In Chambers v. Maroney, the Court extended the Carroll doctrine to include

a. impoundment before search.

Police have corroborated information that a mobile home, the residence of Ernst, was being used as a distribution point for illicit drugs. The trailer was hooked to utilities and septic system in a mobile home lot and was elevated on blocks. The truck which towed the vehicle was parked nearby. If officers immediately knock and announce, enter, and conduct a warrantless search without consent, the search will be

a. invalid because they do not have a warrant.