CSI CH 4 Searches

26. In Wyoming v. Houghton, the court ruled that an officer may search the belongings of an automobile passenger simply because the officer suspects the driver has done something wrong.

a. True

28. A search with consent must be voluntary.

a. True

30. A search warrant can be issued to search for and seize property that indicates a crime has been committed.

a. True

33. Every lawful arrest is accompanied by a search of the arrested person to protect the arresting officers and others and to prevent destruction of evidence.

a. True

35. In Georgia v. Randolph (2006), the Supreme Court said, "If any party who is present and has authority to object to the search does object to the search, the police may not conduct the search on the authority of that party who gave consent."

a. True

37. When police take custody of a vehicle, the courts have upheld their right to inventory the vehicle to protect the owner's property.

a. True

38. Plain-view evidence is admissible in court if the officer is engaged in lawful activity.

a. True

40. Dogs can be trained to search for explosives.

a. True

41. The common denominator of all search patterns is that they are designed to systematically locate any evidence at a crime scene or any other area where evidence might be found.

a. True

42. There are some instances in which evidence may not exist at the crime scene.

a. True

43. Interior searches go from the general to the specific, usually in a circular pattern, covering all surfaces of a search area.

a. True

2. In which 1984 case did the Supreme Court define a search as "a governmental infringement of a legitimate expectation of privacy"?

a. United States v. Jacobsen

1. The Fourth Amendment to the U.S. Constitution forbids what type of searches and seizures?

a. Unreasonable

10. Physical evidence is:

a. anything material and relevant.

15. The Chimel decision established that a search incidental to a lawful arrest must be made simultaneously with the arrest. A search incidental to arrest must be confined to the:

a. area within the suspect's immediate control.

17. The Carroll decision established that with probable cause:

a. automobiles may be searched based on their obvious mobility.

23. A lane search, or partitioning the area into lanes:

a. can be adapted to any number of police personnel.

13. Terry v. Ohio supported officers' right to:

a. conduct a patdown or a frisk if they believe the person might be armed and dangerous.

22. In California v. Greenwood, the Supreme Court ruled that:

a. containers left on public property are open to search by police without a warrant.

14. Every lawful arrest is accompanied by a search of the arrested person to protect the arresting officers and to prevent:

a. destruction of evidence.

19. Which rule states that courts will not accept evidence obtained by unreasonable search and seizure?

a. exclusionary rule

16. Emergency circumstances (such as officers hearing shots fired or screams) that allow officers to enter a home without a warrant are referred to as:

a. exigent circumstances.

21. In United States v. Leon, the Court established that illegally obtained evidence may be admissible if the police were truly not aware they were violating a suspect's Fourth Amendment rights. In this case, the police were following up on a tip from an unreliable informant, which later invalidated the warrant. This exception is called the:

a. good-faith doctrine.

18. The courts have ruled that when police take custody of a vehicle or other property, the police:

a. may inventory the property.

8. The most important limitation on searches is that they must be:

a. narrow in scope.

7. A search conducted with a warrant must be limited to:

a. only the specific area and items named in the warrant.

11. Wyoming v. Houghton (1999) held that an officer may search an automobile passenger's belongings simply because the officer suspects the driver has done something wrong. This ruling, which was intended to prevent drivers from claiming that illegal drugs or other contraband belong to passengers rather than themselves, is referred to as the

a. passenger property exception.

24. What do investigators need to search for in order to conduct an effective search?

a. physical evidence

12. Hopefully, a well-organized, thorough, and proper organization of a crime scene search will result in:

a. the discovery of evidence.

20. In Nix v. Williams, the Court said that if illegally obtained evidence (a statement, in this case, which led to a little girl's body) would, in all likelihood, eventually have been discovered, legally it may be used. This is referred to as what exception to the exclusionary rule?

a. the inevitable-discovery doctrine

25. Which of the following is a goal of a search during an investigation?

a. to identify who committed the crime

9. Consent to search is valid only if given:

a. voluntarily.

5. Mincey v. Arizona established that:

a. while officers are on the premises pursuing their legitimate emergency activities, any evidence in plain view may be seized.

60. Describe the "plain feel

touch" exception to the exclusionary rule./ ANSWER: The "plainfeel/touch" exception is an extension of the plain-view exception. If a police officer lawfully pats down a suspect's outer clothing and feels an object that he immediately identifies as contraband, a warrantless seizure is justified because there is no invasion of the suspect's privacy beyond that already authorized by the officer's search for weapons.

39. Officers may not seize contraband they discover during a legal search, but must ask consent.

a. False

63. What are the limits on a "dogsniff" search for narcotics at a traffic stop?

ANSWER: In Illinois v. Caballes (2005), the Supreme Court confirmed that a dog sniff was not a search under the Fourth Amendment. This ruling reinforced law enforcement's ability to identify drug traffickers and users by using police K-9s in walk-around searches of vehicles stopped for traffic offenses. If, however, use of a drug-sniffing canine prolongs a stop, the dog sniff may become an illegal search.

47. A search conducted with a warrant must be limited to the specific area and specific items named in the warrant, in accordance with the requirement.

ANSWER: particularity

49. In order to obtain a valid search warrant, officers must appear before a judge and establish probable cause to believe that the location contains evidence of a crime, and they must _______________ describe that evidence.

ANSWER: specifically

61. How would you organize a search for a murder weapon in an open field?

ANSWER: Any of the following exterior search patterns could be used. The lane-search pattern partitions the area into lanes, or narrow strips, using stakes and string. If only one officer is available for the search, the lane pattern can be adapted to what is commonly called the strip-search pattern. For an extensive search, the lane pattern is often modified to form a grid, and the area is crisscrossed. Another commonly used pattern is the circle search, which begins at the center of an area to be searched and spreads out in ever-widening concentric circles. In the zone or sector search, an area is divided into equal squares on a map of the area and each square is numbered. Search personnel are assigned to specific squares.

54. Discuss whether dogs are subject to the same legal limitations on searches as officers.

ANSWER: As agents of the police, dogs are subject to the same legal limitations on searches that officers are. In United States v. Place (1983), the Supreme Court ruled that exposing luggage located in a public place to a police K-9 sniff was not a search within the meaning of the Fourth Amendment. In essence, such a ruling concedes that the use of dogs may lead to the same end via less intrusive means, thus sparing law enforcement other time-consuming steps required to effect a legal search.

65. Define an uncontaminated crime scene.

ANSWER: If no one has entered the scene between the time the crime was committed and when the police arrived, and if the scene was immediately secured, the scene is considered to be a true, or uncontaminated, scene; that is, no evidence has been introduced into it or taken from it except by the person or persons who committed the crime.

58. When is trash subject to search?

ANSWER: In California v. Greenwood (1988), the Supreme Court ruled that containers left on public property are open to search by police without a warrant.

66. How would you organize a search for a murder weapon inside an apartment?

ANSWER: Interior searches go from the general to the specific, usually in a circular pattern, covering all surfaces of a search area. The floor should be searched first. The search patterns used for exterior searches can be adapted for an interior crime scene: lane search, strip search, grid search, circle search, zonesector search. Of prime concern is to search thoroughly without destroying evidence. An interior room search usually starts at the point of entry. The floor is searched first so no evidence is inadvertently destroyed during the remainder of the search. After the floor search, the walls—including doors and windows—and then the ceiling are searched, normally using a clockwise or counterclockwise pattern around the room. After a room is searched in one direction, it is often searched in the opposite direction because lighting is different from different angles. The same general procedures are followed in searching closets, halls, or other rooms off the main room.

56. What are the recognized exceptions in which investigators are permitted to conduct a search without obtaining a warrant?

ANSWER: Investigators are permitted to conduct a warrantless search if one of the following recognized exceptions is present: Independent justification (consent, probation or parole, incident to arrest, officer safety, booking search, inventory) Exigent circumstances (rescue, protection of property, imminent destruction of evidence, fresh pursuit, escape prevention, public safety) Fleeing target (car, van, truck, RV, bus, boat, aircraft, etc.) with PC and lawful access No search (plain sense, open fields, abandoned property, private-party delivery, controlled delivery, exposed characteristics)

64. How would you proceed with the search of a dead body at a crime scene? What issues must be considered?

ANSWER: Searching a dead body should be done only after the coroner or medical examiner has arrived or given permission. Search a dead body systematically and completely. Include the immediate area around and under the body. The search usually begins with the clothing, which is likely to reveal a wallet or personal identification papers as well as trace evidence. If the body is not fingerprinted at the scene, tie paper bags securely on the hands so that fingerprinting can be done at the coroner's laboratory. If possible, place the body in a body bag to ensure that no physical evidence is lost while it is being transported. Search the area around and beneath where the body lay immediately after it is removed. A bullet may have passed through part of the body and lodged in the floor or the dirt beneath it. Trace evidence may have fallen from the body or clothing as the body was removed. Inventory and describe all items removed from the deceased.

55. Define curtilage.

ANSWER: The Supreme Court has described curtilage as "the area to which extends the intimate activity associated with the sanctity of a man's home and the privacies of life." In other words, curtilage is that portion of a residence that is not open to the public. It is reserved for private owner or family use, and an expectation of privacy exists.

57. What is the plain-view doctrine?

ANSWER: The plain-view doctrine permits the warrantless seizure of contraband or evidence of a crime, and allows its admissibility in court, provided the officers are legally allowed to be where they are. This doctrine puts few constraints on officers and often yields very productive results.

62. Which tasks are primary responsibilities of the search team leader?

ANSWER: The search team leader determines the number of personnel needed, assigns those personnel, determines the type of search best suited for the area, and determines the items most likely to be found. The search leader also determines whether anyone other than the person who committed the crime has entered the scene. Evidence should never be removed from the scene without the search leader's permission.

59. Describe the "fruitofthepoisonoustree" doctrine.

ANSWER: This doctrine states that evidence obtained as a result of an earlier illegality must be excluded from trial.

44. searches are prohibited by the Fourth Amendment.

ANSWER: Unreasonable

53. _______________ can be another factor that compromises the thoroughness of a search.

ANSWER: Weather

6. A judge may issue a search warrant if which of the following items are being sought by an officer? a. stolen or embezzled property b. property that is designed for noncriminal activity c. evidence that demonstrates a person is continuing criminal activity while on probation d. personal drug usage of medicinal marijuana

ANSWER: a - stolen or embezzled property

3. In which of the following cases is a search legal? a. The search is incidental to a lawful arrest. b. An officer stops a suspicious person. c. The officer has arrested the person in the past. d. An officer conducts a search of a motorist for a driving infraction.

ANSWER: a The search is incidental to a lawful arrest.

48. When asking for consent to search, a genuine reply must be given before conducting a search; an even better practice is to obtain a written consent to search.

ANSWER: affirmative

52. The landmark decision in Terry v. Ohio established police officers' right to patdown or frisk a person they have stopped to question if they have reasonable suspicion that the person might be _______________ and ______________.

ANSWER: armed, dangerous dangerous, armed

4. Which test is a way to determine if probable cause exists today? a. plain-view doctrine b. totality-of-the-circumstances test c. voice stress test d. truth-in-evidence test

ANSWER: b totality-of-the-circumstances test

45. The Supreme Court has ruled that probable cause should be based on a totality-of-the- test.

ANSWER: circumstances

50. When probable cause exists but there is no time to obtain a search warrant, the officer may conduct a search. This is an example of an emergency, or circumstance.

ANSWER: exigent

46. In a unanimous ruling in United States v. Banks (2003), the Supreme Court upheld the _______________ entry into a suspected drug dealer's apartment 15 to 20 seconds after police knocked and announced themselves.

ANSWER: forced

51. The Carroll decision established that automobiles may be searched without a warrant, largely based on the _______________ of vehicles.

ANSWER: mobility

27. Officers may use thermal-scanning devices without a warrant.

a. False

29. Under the consent once removed exception, officers cannot make a warrantless entry to arrest a suspect if consent to enter was given earlier to an undercover officer or informant.

a. False

31. The consent to search must be in response to an officer's claim of lawful authority or in response to a command or threat by an officer.

a. False

32. Property owners can consent to police entry or search even though a tenant has lawful right of possession of the premises.

a. False

34. During a stop of a moving vehicle, officers may search the vehicle and any closed containers in it without probable cause or consent.

a. False

36. The search of a vehicle does not require probable cause because vehicles are mobile.

a. False