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Question
Discuss the reasoning of the court in United States v. Barry, 2005 regarding the warrantless search of a defendant's vehicle bases on "plain smell."Answer
Answers will vary.Related questions
Q:
Police convenience and safety are deemed reasonable justification for the plain view doctrine because _____.
a. current jurisprudence favors law enforcement over the rights of citizens
b. the doctrine does not allow for intrusion into privacy and thus protects citizen's Fourth Amendment rights
c. the Fourth Amendment probable cause requirements are met by the doctrine
d. the burden of proof is on the police and prosecutor
Q:
During a search, an officer observes, in plain view, an item not covered in the warrant. The officer believes the item to be evidence in a separate crime other than the offense currently being investigated by police. In order to seize the item, the officer must have _____ to believe the item is contraband or evidence of a crime.
a. reasonable suspicion
b. absolute certainty
c. clear and convincing evidence
d. probable cause
Q:
An officer receives permission from the resident of an apartment to "walk around". This permission allows the officer to:
a. search anyone found on the premises.
b. search the home owner.
c. seize items in the plain view of the officer.
d. seize property owned by others but stored on the premises.
Q:
Which of the following statements is true?
a. In some situations consent obtained through threat of force may be deemed voluntarily given.
b. Police do not need to first tell a person that they are "free to go" before a consent can be deemed voluntarily given.
c. Voluntary consent to search must be given orally.
d. Voluntariness of consent is not affected by the physical, mental, or emotional condition and the intelligence or educational level of the person giving consent.
Q:
An officer is granted authority by the occupant to search an apartment unit. The occupant informed the officer that she doesn"t own certain boxes and luggage lined up against the wall. Given the circumstance, select the true statement.
a. The police cannot search the boxes or luggage because they are not considered part of the residence.
b. The police are free to search anything in the apartment because consent to a general search cannot be rescinded.
c. The police cannot search the luggage or boxes because there has been an implied limitation placed on the scope of the consensual search.
d. The police can search the luggage or boxes because the occupant didn"t explicitly inform the police that (s)he was placing a limitation on the scope of the search.
Q:
A suspect has been injured while resisting arrest. Select the best strategy below for officers to obtain a valid consent from the suspect?
a. Give him Miranda warnings.
b. Remove any restraints.
c. Just ask him, since the injuries were his fault and they have no bearing.
d. Advise him he does not have to consent.
Q:
Officers arrested Wright for robbery and took him to the police station, but Wright refused to discuss the robbery. The next day, officers, without a search warrant, went to Wright's residence where they falsely told Wright's wife that he had admitted the crime and had sent police for the "stuff." The frightened and upset woman admitted the officers to the apartment and led them to money taken in the robbery. How should the Court "˜hold" the money?
a. admissible because the wife voluntarily consented.
b. admissible because the wife is a witness.
c. inadmissible because the wife lacked authority to consent.
d. inadmissible because the wife's consent is deemed involuntary.
Q:
A police officer asks a woman who answered her door, "do you keep any weapons in the house?" The woman replied, "yes" and proceeded to bring the weapons to the officer. The weapons were illegal and the officer used the weapons as the basis for an arrest. Select the most accurate statement describing this incident.
a. there was no search or seizure, therefore the evidence is admissible in court.
b. there was no search or seizure, therefore the evidence is inadmissible in court.
c. this is a seizure, but not a search and the evidence is admissible in court.
d. the evidence will be inadmissible because there was no consent to search.
Q:
A police officer has reasonable suspicion to believe a man approaching his car is involved in criminal activity and is armed. The officer draws his gun and has the man to stop about 15 feet from the man's car. The officer conducts a quick pat-down search of the man's outer clothing and finds nothing. With his gun still out of its holster, the officer asks the man for consent to search the car. The man consents. how will the court most likely deem the search?
a. validate the search because the man provided valid consent.
b. validate the search owing to exigent circumstances.
c. invalidate the search as non-consensual.
d. invalidate the search because the man has no authority to provide consent.
Q:
Under what circumstances can a hotel manager give consent to search a room occupied by a guest or previously occupied by a guest? Illustrate by example.
Q:
Explain the limitations on consent to search that pertain to the expressed object of the search.
Q:
Summarize the Schneckloth rule concerning voluntary consent searches.
Q:
What are the benefits of a consent search to the law enforcement officer? The person being searched?
Q:
A person's consent to an officer's request to enter his or her residence __________ grant the officer a right to search.
Q:
In a consent search situation, the citizen consenting can tell the police not to go into a certain room, and the police must comply.
a. True
b. False
Q:
Define what is meant by a furtive gesture and give two examples.
Q:
What is meant by a show of authority?
Q:
A suspect brakes abruptly and pulls into a private driveway while extinguishing his headlights before getting to a sobriety road check in order to avoid being questioned by the police. These acts would best be described as ______________ gestures.
Q:
The USA Patriot Act has broadened the government's power to detain individuals within the United States for long periods of time on apparently nothing more than reasonable suspicion once such persons have been classified by the U.S. government as an enemy combatant.
a. True
b. False
Q:
An investigative detention may last as long as the officer feels necessary.
a. True
b. False
Q:
If a show of authority by a law enforcement officer does not result in a halting or submission by the person being confronted, it is still considered a seizure under the Fourth Amendment.
a. True
b. False
Q:
The Fourth Amendment does not govern seizures of the person which do not eventuate in a trip to the station house and a formal arrest at the station house.
a. True
b. False
Q:
As the delay between the development of reasonable suspicion on the part of the officer and the actual stop grows longer, courts may find that the suspicion has "evaporated."
a. True
b. False
Q:
Based on the totality of circumstances, which of the following factors is not generally considered in an inquiry determining whether or not a "seizure" has occurred?
a. whether the officer displayed a weapon
b. the number of officers involved
c. whether the officer involved was undercover or in uniform
d. the language used and the tone of voice of the officer during the interaction
Q:
During the initial stages of a frisk, an officer feels a soft object about the size of a quarter in the suspect's coat pocket. Realizing that it is not a weapon and unable to conclude that the item is contraband, courts have ruled that without further probable cause the officer should:
a. proceed on with the search.
b. call for a narcotics officer and get his expertise.
c. cease and desist with the search once he realizes that it is not a weapon.
d. use the feel of the item as probable cause to obtain a warrant.
Q:
Which of the following most accurately describes a limited search of a person's body consisting of a careful exploration or pat-down of the outer surfaces of the person's clothing in an attempt to discover weapons?
a. pat-down
b. frisk
c. body search
d. strip search
Q:
If a show of authority by a law enforcement officer does not result in a halting or submission by the person being confronted, there is _____ under the Fourth Amendment.
a. no seizure
b. seizure
c. limited seizure
d. an arrest
Q:
Select the true statement.
a. The same level of suspicion is required to justify a frisk and a full search.
b. A police officer needs more than a hunch to justify both a frisk and a full search, but less is required for a frisk than is required for a full search.
c. Probable cause is required to initially justify a frisk.
d. To stop a person, probable cause is needed; but to frisk a person reasonable suspicion is required.
Q:
Describe the amount of force that law enforcement officers may use when searching a person. In what way(s) is the common law definition of resisting arrest different from the modern definition?
Q:
An officer has made an investigative stop based on reasonable suspicion. The officer has put the suspect in handcuffs in the back seat of the patrol car, but has not resolved her original suspicions. This would be considered a seizure __________.