Constitutional Law Chapter 10

Which of the following would be considered a violation of a subject's reasonable expectation of privacy, requiring a warrant?

Placing listening device in public telephone booth to monitor conversations.

In which of the following situations are school officials justified in searching without a warrant or probable cause if they have reasonable suspicion to believe contraband exists?

Students and student lockers at public schools

"Open fields" is a federal concept only; some states hold that "No Trespassing" signs establish a right of privacy requiring a warrant.

T

A person's reasonable expectation of privacy determines when Fourth Amendment protections apply.

T

Seizures of items from a suspect's body, such as hair samples, are typically allowed without a warrant incident to arrest if painless reasonable procedures are used.

T

The maxim that it is unreasonable for officers to search for "an elephant in a matchbox" means the size of the item(s) sought determines where officers may reasonably search.

T

List three fundamental constitutional rules for searches and discuss their importance.

The fundamental constitutional rules for searches are that: 1- unreasonable searches and seizures are not allowed; 2- people's reasonable expectation of privacy determines when Fourth Amendment protections apply; and 3- general searches are unlawful and restrict government from going beyond what is necessary. These rules are important because they protect the right of individuals to be free from unreasonable invasion of privacy by the government while permitting necessary governmental intrusion under limited and specific circumstances.

Explain the justifications for the automobile exception to the requirement for a warrant.

The mobility of automobiles creates the circumstance whereby it would be unreasonable to expect suspects to voluntarily remain in place while the officer returns to the station to obtain a

Which of the following is not one of the criteria that must be met for plain view?

The original intrusion is legal only because it is pursuant to a valid warrant.

Exigent circumstances include all of the following, except

a person fleeing upon seeing an officer approach.: .

When conducting inventory searches of a vehicle, it is important to have:

a standard operating procedure.

Searches with a warrant:

are presumed to be reasonable.

When government agents are lawfully executing a warrant they:

can seize any contraband, even if not specified in the warrant.

A search can be incident to arrest only if it is substantially ___________ with the arrest and is confined to the immediate vicinity of the arrest.

contemporaneous

The property around a home or dwelling directly associated with use of that property is called the____________.

curtilage

The Supreme Court reduced law enforcement's authority to search the passenger compartment of a vehicle incident to arrest in:

Arizona v. Gant

The Supreme Court ruled that unannounced cell searches or shakedowns did not require warrants, did not violate inmates' Fourth Amendment rights, and were justified by the need to maintain order in:

Bell v. Wolfish

Driving while intoxicated and hot pursuit situations are examples of ____________.

exigent circumstances; emergencies

The Supreme Court has said that a Fourth Amendment _________ is a governmental

infringement of a legitimate expectation of privacy. search

Electronic surveillance:

is governed by the Fourth Amendment.

Relationships where third-party consent to search is allowed include all except:

landlord/tenant. a. parent/child b employer/employee. d. host/guest.

All searches must be:

limited in scope.

Vehicles may often be searched without a warrant because of their ____________.

mobility

General searches are:

never constitutional.

Routine searches at our national borders require:

no justification.

To obtain an electronic surveillance warrant, or wiretap order, probable cause that a person is engaging in particular communications must be established by the court and ______________ must have already been tried.

normal investigative procedures

The __________ doctrine allows officers who feel something that they immediately identify as contraband, it can be lawfully seized based on probable cause.

plain feel; plain touch

Which of the following have lower courts not yet recognized as analogous to plain view?

plain taste

After a person has __________ property, he or she has no reasonable expectation of

privacy relative to that property. abandoned; discarded

Limited searches conducted in accordance with constitutional guidelines serve society's needs while:

protecting the individual.

When officers arrest someone in a home, they are allowed to make a ____________ for their safety.

protective search; protective sweep

Which of the following would not be a legitimate factor contributing to the decision to frisk?

suspicion a suspect possesses dangerous drugs

When a person is handcuffed after being arrested, officers may search:

the area that has been under the immediate control of the suspect prior to being arrested.

The Fourth Amendment applies:

to all government workers.

General searches are ____________.

unconstitutional; never legal

Which of the following would not constitute a lawful warrantless search?

using a thermal imaging device to find a "grow" room

Robbins v. California specified all of the following justifications for warrantless vehicle searches, except:

vehicle searches do not require the probable cause necessary for a warrant.

Courts typically justify the consent exception by two separate tests: the ____________ test and the ____________ test.

voluntariness, waiver

Searches of vehicles incident to the arrest of an occupant area allowed only if the officer has a reasonable belief that the arrestee can gain access to the vehicle or ___________

will be found in the vehicle. evidence of the crime of arrest

The area within a person's reach or immediate control is called the person's __________.

wingspan

Officers can conduct a limited protective search incident to in-house arrest __________ that anyone dangerous is hiding in the home.

without any suspicion

The precedent for warrantless searches of vehicles came from:

Carroll v. United States.

The precedent case for searches incidental to a lawful arrest is:

Chimel v. California.

_________ includes anything that is illegal for people to own or have in their possession.

Contraband

For which of the following does Title III require a warrant?

Electronic surveillance (wiretap)

Discuss the relationship between electronic surveillance and one's reasonable expectation of privacy.

Electronic surveillance is a form of search and seizure and is governed by the Fourth Amendment. A search occurs whenever information is obtained from a location where one holds a reasonable expectation of privacy. The Fourth Amendment does not limit the use of electronic equipment that merely enhances officers' senses (e.g., lights, telescopes, or aerial photography) but does not interfere with a person's reasonable expectation of privacy.

Discuss at least five exceptions to the search warrant requirement.

Exceptions to the warrant requirement include: Consent search. 1. Frisks. 2.Plain feel/plain view. 3. Incident to arrest Automobile exception. 4. Exigent (emergency) circumstances. 5. Open fields, abandoned property, and public places. Students should reference appropriate cases and examples in their answers.

A person's refusal to give consent to search can be used to establish probable cause.

F

For a search to have occurred, government agents must make physical entry into someone's property.

F

If a warrant states that one specific item is sought, the search may still continue after it is found.

F

Officers are required to inform people that they have the right to refuse consent to search.

F

Since they are not incarcerated, probationers and parolees enjoy the same Fourth Amendment rights as law-abiding citizens.

F

When both occupants are present and one consents to a search and one objects, the consent "overrides" the refusal and officers can legally search.

F

Which of the following is not one of the fundamental constitutional rules that apply to

Fourth Amendment cases? There must be law enforcement action.

Discuss what might constitute exigent circumstances.

Give specific examples. Emergency situations that might justify a warrantless search under exigent circumstances include threats to life or safety (e.g., hot-pursuit situations, drivers under the influence of alcohol or drugs, unconscious individuals, or suspects thought to be armed), possible destruction or removal of evidence, or the potential escape of a suspect.