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Q:
In United States v. Knights, the U.S. Supreme Court held that person on probation has a(n) ____________________ privacy interest that permits search based only on reasonable suspicion of criminal activity.
Q:
The Supreme Court has not applied the Fourth Amendment to "special needs" that aren"t directly related to criminal law enforcement.a. Trueb. False
Q:
Persons have fewer Fourth Amendment protections at the ____________________ as compared to the interior of the country.
Q:
The right against unreasonable searches and seizures is limited to criminal suspects.
a. True
b. False
Q:
____________________roadblocks, which encourage people to throw drugs out of their vehicles, have been upheld by the courts.
Q:
The Supreme Court ruled in Vernonia v. School District of Acton (1995):a. drug testing of students participating in athletic programs violates the Fourth Amendment.b. drug testing of student athletes must be consensual in order to comply with the Fourth Amendment.c. random, suspicionless drug testing of student athletes does not violate the Fourth Amendment.d. the Fourth Amendment does not apply to drug testing of students.
Q:
In U.S. v. ____________________, the Supreme Court upheld a suspicionless removal and search of a gas tank of a vehicle seeking to cross the international border.
Q:
As per the decision in U.S. v. Knights(2001), search abilities were expanded to include _______officers who might be required to conduct a search.a. probationb. parole c. policed. corrections
Q:
In Illinois v. ____________________, the Court upheld a roadblock to gather information about a hit-and-run accident in that area
Q:
A batch of letter sized airmail envelopes from a county well known as a source of narcotics, that were bulky and much heavier than ordinary airmail letters, are stopped at the Post Office in New York. A U.S. Customs Inspector opens the letters and finds heroin. No search warrant was sought. Would this be considered an illegal search and seizure?a. Yes, because there was no probable cause to link the envelopes to any specific crime; smuggling or not. b. No, because it constitutes a "border search" and anything crossing the border falls within this exception. c. No, but only because "probable cause" was not articulated nor was a search warrant obtained.d. No, it would only be admissible with a warrant or with consent, regardless of the border issue, since it involved the U.S. Mail.
Q:
The court considered all of the following in Board of Education v Earls(2002) except:a. the ramifications of a failed UA on the student (for example, legal sanctions, academic discipline).b. the type of extra-curricular activity the tested students wanted to engage in.c. the nature of the school's/government's concerns and the effectiveness of the drug testing policy in addressing those concerns.d. the character of the intrusion on privacy imposed by the testing policy.
Q:
In O"Connor v. ____________________, the Supreme Court allowed suspicionless searches in government workplaces.
Q:
Closely-____________________ businesses have less Fourth Amendment protection than other businesses.
Q:
The special need used to justify employee drug testing is directed mainly at:
a. employees who may endanger public safety while under the influence of illegal drugs.
b. employees who may be smuggling and/or selling illegal drugs while employed.
c. preventative government civil liability.
d. criminal law enforcement in general.
Q:
Public schools may randomly drug test students involved in sports or other ____________________ activities.
Q:
According to State v. Ellis, searches of college dormitory rooms:
a. are not protected by the Fourth Amendment.
b. by university officials require reasonable suspicion.
c. are governed by the same standards for searches of elementary and high school students.
d. do not require a warrant or probable cause when conducted by university residence hall staff officials for health and safety reasons.
Q:
What did the court rule regarding the reasonableness of drug testing?
a. Drug testing is reasonable only when one has given consent, and not under and other circumstances.
b. Drug testing is reasonable because of the random nature of testing and the special need of the government to protect public safety, which outweighs the minimal invasion of privacy.
c. Drug testing is no longer allowed and is a direct violation of the Fourth Amendment.
d. Drug testing is only allowed in those circumstances where the employee consents to submit to the specific tests of his/her urine, not of a random sampling of all employees.
Q:
Public schools may randomly drug test student ____________________ as well as those involved in other extracurricular activities.
Q:
In regard to school searches, the Supreme Court has declared:
a. school officials may conduct a search of the outer clothing of all persons found on school property.
b. while in school, children have no reasonable expectation of privacy.
c. the legality of the search of a student should depend on the reasonableness, under all circumstances, of the search.
d. the Fourth Amendment does not protect university students in administrative searches.
Q:
The courts have approved both ____________________ and reasonable suspicion drug testing of peace officers.
Q:
According to the Supreme Court's decision in New Jersey v. T.L.O., involving the search of a student's purse, school officials (at least those officials supervising students junior high age or younger) may search the possessions of a student under their authority:
a. only with a search warrant.
b. based on probable cause that the student has broken the law or a school regulation.
c. based on reasonable suspicion alone.
d. without a warrant at any time, for any reason, and without individualized suspicion.
Q:
Searches of public school students by school officials on school grounds usually only require ____________________ suspicion.
Q:
DNA testing of incarcerated felons:
a. has been declared unconstitutional by the courts that have considered it.
b. has been found to be constitutional by the U.S. Supreme Court.
c. has been found to be constitutional by the courts of appeal that have considered it.
d. has not yet been addressed in any court opinions.
Q:
The U.S. Supreme Court has created relaxed requirements for ____________________ warrants dealing with fire, health, and safety regulations.
Q:
In Samson v. California (2006), the Supreme Court ruled that:a. a police officer is prohibited from conducting a suspicionless search of a parolee.b. a police officer is not prohibited from conducting a suspicionless search of a parolee.c. a police officer can conduct a suspicionless search of a parolee if the parolee is searched in a public place.d. a police officer must have reasonable suspicion in order to search a parolee.
Q:
To do a body cavity search at an international border, which of the below is needed?
a. Probable cause
b. Reasonable suspicion
c. Individualized suspicion
d. A written set of procedures
Q:
Fourth Amendment protections are weaker when the government is conducting administrative functions that are related to the ____________________ of government and the community.
Q:
Case 11.3Jack has been released from confinement early and placed on probation. He found a job and rented an apartment in his hometown. One day, he responded to a knock on the door and sees his probation officer, Stephanie Stone. She tells him that she has decided to conduct a surprise inspection of his home. Jack insists that he has been a very good citizen and is no longer involved in any criminal behavior. Stephanie has no evidence that this is not true, but insists on conducting a complete search of the home anyway. Stephanie finds nothing out of the ordinary, but asks if Jack will follow her to the office for a drug test, just in case. Jack says, "Sure, I have nothing to hide." Unfortunately for Jack, the drug test is positive for an illegal substance and his parole is revoked.Was Jack's drug test obtained lawfully?a. Yes, Jack consented.b. Yes, taking urine samples does not fall under the Fourth Amendment.c. No, Stephanie lacked probable cause.d. No, under the Fourth Amendment, taking urine samples for drug testing is aseizure and therefore would require a search warrant based upon probable cause.
Q:
Which of the following is TRUE?a. Every state and the federal government now have statutes that mandate DNA testing of all incarcerated felons.b. Every state and the federal government now have statutes that mandate DNA testing of all those incarcerated of either a felony or a misdemeanor.c. DNA testing of those incarcerated is on a state-by-state basis, and there is no statute at either the federal or state's level.d. Only the federal government has a statute mandating DNA testing for incarcerated felons.
Q:
Case 11.3Jack has been released from confinement early and placed on probation. He found a job and rented an apartment in his hometown. One day, he responded to a knock on the door and sees his probation officer, Stephanie Stone. She tells him that she has decided to conduct a surprise inspection of his home. Jack insists that he has been a very good citizen and is no longer involved in any criminal behavior. Stephanie has no evidence that this is not true, but insists on conducting a complete search of the home anyway. Stephanie finds nothing out of the ordinary, but asks if Jack will follow her to the office for a drug test, just in case. Jack says, "Sure, I have nothing to hide." Unfortunately for Jack, the drug test is positive for an illegal substance and his parole is revoked.Was Parole Officer Stone's search of Jack's apartment lawful?a. No, just because someone has been convicted of a crime does not mean that they lose protections under the Fourth Amendment.b. No, as this would violate Jack's Fifth Amendment rights.c. Yes, Jack has a diminished expectation of privacy as a parolee.d. Yes, Jack loses all rights under the Constitution as a parolee.
Q:
The Supreme Court in Ferguson v. City of Charleston (2001), involving state hospital obstetric patients who were pregnant and arrested for child abuse after testing positive for cocaine, decided that the:a. warrantless, suspicionless, and nonconsensual searches violated the Fourth Amendment.b. searches do not violate the Fourth Amendment because the incidence of cocaine use among pregnant women has created a special need.c. searches do not violate the Fourth Amendment if doctors suspect the mother is using cocaine.d. searches violate the Fourth Amendment because they are conducted by health care professionals and not law enforcement.
Q:
The need for prison and jail security permits searches without probable cause or a warrant of:a. prisoners and pretrial detainees.b. prisoners, pretrial detainees, and visitors to the prison. c. only prisoners.d. prisoners, pretrial detainees, employees of the prison, and visitors to the prison.
Q:
Case 11.2High school teacher Nolan Ackerman has been hearing rumors that students at his high school are using illegal drugs. Mr. Ackerman starts watching students in the hallways of the school. He notices that Fred placed a large bag in his school locker when he thought no one was looking. Fred also started to meet with his classmates at the locker and furtively took money in exchange for small plastic bags he took out of the paper bag. Johnny has an adjoining locker with stickers from bands that advocate rock "˜n roll, as well as marijuana use. Mr. Ackerman walked up to Fred and told him to open his locker for an inspection. When Fred grudgingly complied after demanding to see a search warrant, Mr. Ackerman looked into the paper bag and found small plastic bags containing marijuana, which is illegal to possess in this jurisdiction. Johnny, Fred's friend, was standing nearby and Mr. Ackerman told him to open his locker up, as well. Inside, Mr. Ackerman found illegal fireworks and a baggie of marijuana. When Jane, who was standing nearby, protested, Mr. Ackerman told her to open her purse and she refused. Mr. Ackerman took the purse and looked inside, finding her cell phone. He then perused her text messages and saw that she had told her friends that she had bought alcohol, though under age, and was having a party at her house later that week. Mr. Ackerman seized the phone, the purse, the marijuana, fireworks and told Fred, Johnny and Jane to wait in his office while he called the police.Was Mr. Ackerman's review of Jane's texts lawful?a. Yes, the search was consistent with the Fourth Amendment.b. No, school searches can only be conducted by law enforcement.c. Yes, Mr. Ackerman had reasonable suspicion that Jane possessed illegal drugs. and the text messages were "plain view" evidence.d. No, Mr. Ackerman lacked reasonable suspicion.
Q:
In _________the court held that students may be searched at schools based on reasonable suspicion rather than probable cause (due to the schools need to maintain a healthy learning environment).
a. Vernonia School District v. Acton
b. Board of Education v. Earls
c. New Jersey v. T.L.O
d. Commonwealth v. Nielson
Q:
Case 11.2High school teacher Nolan Ackerman has been hearing rumors that students at his high school are using illegal drugs. Mr. Ackerman starts watching students in the hallways of the school. He notices that Fred placed a large bag in his school locker when he thought no one was looking. Fred also started to meet with his classmates at the locker and furtively took money in exchange for small plastic bags he took out of the paper bag. Johnny has an adjoining locker with stickers from bands that advocate rock "˜n roll, as well as marijuana use. Mr. Ackerman walked up to Fred and told him to open his locker for an inspection. When Fred grudgingly complied after demanding to see a search warrant, Mr. Ackerman looked into the paper bag and found small plastic bags containing marijuana, which is illegal to possess in this jurisdiction. Johnny, Fred's friend, was standing nearby and Mr. Ackerman told him to open his locker up, as well. Inside, Mr. Ackerman found illegal fireworks and a baggie of marijuana. When Jane, who was standing nearby, protested, Mr. Ackerman told her to open her purse and she refused. Mr. Ackerman took the purse and looked inside, finding her cell phone. He then perused her text messages and saw that she had told her friends that she had bought alcohol, though under age, and was having a party at her house later that week. Mr. Ackerman seized the phone, the purse, the marijuana, fireworks and told Fred, Johnny and Jane to wait in his office while he called the police.Was Mr. Ackerman's search of Johnny's locker lawful?a. No, the search violated the Fourth Amendment.b. Yes, Mr. Ackerman had reasonable suspicion that Johnny possessed illegal drugs.c. Yes, the intrusiveness of the search was minor.d. No, school searches can only be conducted by law enforcement.
Q:
Which of the following is TRUE regarding probationers and parolees?
a. Both groups have the same Fourth Amendment rights as ordinary citizens.
b. Parolees can be searched without either probable cause or warrants.
c. Probationers can be searched without warrants but not without probable cause.
d. The Fourth Amendment rights of probationers and parolees has not been addressed by the courts.
Q:
Case 11.2High school teacher Nolan Ackerman has been hearing rumors that students at his high school are using illegal drugs. Mr. Ackerman starts watching students in the hallways of the school. He notices that Fred placed a large bag in his school locker when he thought no one was looking. Fred also started to meet with his classmates at the locker and furtively took money in exchange for small plastic bags he took out of the paper bag. Johnny has an adjoining locker with stickers from bands that advocate rock "˜n roll, as well as marijuana use. Mr. Ackerman walked up to Fred and told him to open his locker for an inspection. When Fred grudgingly complied after demanding to see a search warrant, Mr. Ackerman looked into the paper bag and found small plastic bags containing marijuana, which is illegal to possess in this jurisdiction. Johnny, Fred's friend, was standing nearby and Mr. Ackerman told him to open his locker up, as well. Inside, Mr. Ackerman found illegal fireworks and a baggie of marijuana. When Jane, who was standing nearby, protested, Mr. Ackerman told her to open her purse and she refused. Mr. Ackerman took the purse and looked inside, finding her cell phone. He then perused her text messages and saw that she had told her friends that she had bought alcohol, though under age, and was having a party at her house later that week. Mr. Ackerman seized the phone, the purse, the marijuana, fireworks and told Fred, Johnny and Jane to wait in his office while he called the police.Was Mr. Ackerman's search of Fred's locker lawful?a. No, he needed to first call the police to get a search warrant from a neutral and detached magistrate based on his observations.b. Yes, Mr. Ackerman had reasonable suspicion that Fred was engaged in the sale of illegal drugs.c. No, the intrusiveness of the search exceeded his authority.d. Yes, there are no limitations on school searches.
Q:
Case 11.1Janet is a successful Colorado entrepreneur and has recently decided to open a recreational marijuana sales business in Denver, "High and Mighty." The state and county require operators of such businesses to acquire a license, hold a public meeting coordinated with the local and state license board, and other special procedures for this new and highly regulated enterprise. One holiday weekend, Detective Jones stops in and informs Janet that he is conducting a surprise inspection of the business to determine if Janet is complying with state record-keeping laws and other rules ensuring that minors are not being permitted to purchase the recreational marijuana. Janet has never been the subject of such a search and is concerned the detective's presence will scare away customers. There are 20 customers in line, waiting to purchase recreational marijuana. Detective Jones enters the store over Janet's objection and despite her request that he produce a search warrant. He enters her office and reviews her paperwork relevant to state record-keeping laws. He notes several irregularities and documents them. When Detective Jones returns to the sales area, he finds that Janet and her staff have continued to serve customers while he was in the office. Detective Jones checks the ID of several people who have made purchases and finds that two of them are under age under state law to purchase marijuana. While Detective Jones is checking IDs, one of the patrons (Bobby) waiting to buy marijuana says, "Man, I can"t believe this guy is giving us such a hard time. What a bummer!" Detective Jones directs this man to empty his pockets on a nearby table and finds he has cocaine. Detective Jones arrests Bobby for possession of cocaine, cites Janet for violating state law for poor record-keeping and charges her with providing marijuana to underage patrons.If Bobby challenges his arrest, will he succeed?a. No, he was present during a lawful administrative search under New York v. Burger.b. Yes, Detective Jones was conducting an illegal administrative search of "High and Mighty."c. No, Bobby had no reasonable expectation of privacy in his pockets.d. Yes, the search of his person was not supported by probable cause, a search warrant or consent.
Q:
According to the court in Bull v. City and County of San Francisco(2010), involving strip searches of all arrested persons who were admitted to the general population at the San Francisco jail:
a. the strip searches did not violate the Fourth Amendment.
b. the reasonableness of strip searches requires probable cause that detainees are concealing weapons or contraband.
c. strip searches can be conducted only if there is individualized reasonable suspicion.
d. correctional officers must contact law enforcement for a warrant before a strip search can be conducted.
Q:
Case 11.1Janet is a successful Colorado entrepreneur and has recently decided to open a recreational marijuana sales business in Denver, "High and Mighty." The state and county require operators of such businesses to acquire a license, hold a public meeting coordinated with the local and state license board, and other special procedures for this new and highly regulated enterprise. One holiday weekend, Detective Jones stops in and informs Janet that he is conducting a surprise inspection of the business to determine if Janet is complying with state record-keeping laws and other rules ensuring that minors are not being permitted to purchase the recreational marijuana. Janet has never been the subject of such a search and is concerned the detective's presence will scare away customers. There are 20 customers in line, waiting to purchase recreational marijuana. Detective Jones enters the store over Janet's objection and despite her request that he produce a search warrant. He enters her office and reviews her paperwork relevant to state record-keeping laws. He notes several irregularities and documents them. When Detective Jones returns to the sales area, he finds that Janet and her staff have continued to serve customers while he was in the office. Detective Jones checks the ID of several people who have made purchases and finds that two of them are under age under state law to purchase marijuana. While Detective Jones is checking IDs, one of the patrons (Bobby) waiting to buy marijuana says, "Man, I can"t believe this guy is giving us such a hard time. What a bummer!" Detective Jones directs this man to empty his pockets on a nearby table and finds he has cocaine. Detective Jones arrests Bobby for possession of cocaine, cites Janet for violating state law for poor record-keeping and charges her with providing marijuana to underage patrons.If Janet chose to challenge the search, which amendment would she invoke?a. Secondb. Fourthc. Sixthd. Eighth
Q:
With regard to a prisoner's expectation of privacy, the court has ruled that prisoners have:
a. rights to privacy equal to a free man.
b. absolutely no rights to privacy whatsoever.
c. a substantially reduced expectation of privacy.
d. only those rights that are given at the discretion of the prison administration.
Q:
Frank is an inmate at Greensburg State Prison and he has just had a contact visit with an old friend. Before Frank returns to his cell, prison guards subject Frank to a strip search. Such a search is:
a. constitutional, because prisoners have a diminished expectation of privacy and there is an important government need to maintain prison security.
b. constitutional, because prisoners forfeit all Fourth Amendment rights.
c. unconstitutional, unless prison officials have reasonable suspicion to think they will find contraband or evidence of a crime on Frank.
d. unconstitutional, unless prison officials have probable cause to think they will find contraband or evidence of a crime on Frank.
Q:
Case 11.1Janet is a successful Colorado entrepreneur and has recently decided to open a recreational marijuana sales business in Denver, "High and Mighty." The state and county require operators of such businesses to acquire a license, hold a public meeting coordinated with the local and state license board, and other special procedures for this new and highly regulated enterprise. One holiday weekend, Detective Jones stops in and informs Janet that he is conducting a surprise inspection of the business to determine if Janet is complying with state record-keeping laws and other rules ensuring that minors are not being permitted to purchase the recreational marijuana. Janet has never been the subject of such a search and is concerned the detective's presence will scare away customers. There are 20 customers in line, waiting to purchase recreational marijuana. Detective Jones enters the store over Janet's objection and despite her request that he produce a search warrant. He enters her office and reviews her paperwork relevant to state record-keeping laws. He notes several irregularities and documents them. When Detective Jones returns to the sales area, he finds that Janet and her staff have continued to serve customers while he was in the office. Detective Jones checks the ID of several people who have made purchases and finds that two of them are under age under state law to purchase marijuana. While Detective Jones is checking IDs, one of the patrons (Bobby) waiting to buy marijuana says, "Man, I can"t believe this guy is giving us such a hard time. What a bummer!" Detective Jones directs this man to empty his pockets on a nearby table and finds he has cocaine. Detective Jones arrests Bobby for possession of cocaine, cites Janet for violating state law for poor record-keeping and charges her with providing marijuana to underage patrons.Did the search of Janet's business records meet the three requirements for authorizing inspections without search warrants of closely regulated businesses as established by the U.S. Supreme Court in New York v Burger?a. Yes, there was a "substantial" government interest and Detective Jones' inspection was necessary to further the Colorado "regulatory scheme."b. No, business records are not covered under such a search, just marijuana.c. No, the search did not advance the government interest embodied in the law.d. Yes, the Sixth Amendment does not apply to a commercial enterprise only personal residences.
Q:
Case 11.1Janet is a successful Colorado entrepreneur and has recently decided to open a recreational marijuana sales business in Denver, "High and Mighty." The state and county require operators of such businesses to acquire a license, hold a public meeting coordinated with the local and state license board, and other special procedures for this new and highly regulated enterprise. One holiday weekend, Detective Jones stops in and informs Janet that he is conducting a surprise inspection of the business to determine if Janet is complying with state record-keeping laws and other rules ensuring that minors are not being permitted to purchase the recreational marijuana. Janet has never been the subject of such a search and is concerned the detective's presence will scare away customers. There are 20 customers in line, waiting to purchase recreational marijuana. Detective Jones enters the store over Janet's objection and despite her request that he produce a search warrant. He enters her office and reviews her paperwork relevant to state record-keeping laws. He notes several irregularities and documents them. When Detective Jones returns to the sales area, he finds that Janet and her staff have continued to serve customers while he was in the office. Detective Jones checks the ID of several people who have made purchases and finds that two of them are under age under state law to purchase marijuana. While Detective Jones is checking IDs, one of the patrons (Bobby) waiting to buy marijuana says, "Man, I can"t believe this guy is giving us such a hard time. What a bummer!" Detective Jones directs this man to empty his pockets on a nearby table and finds he has cocaine. Detective Jones arrests Bobby for possession of cocaine, cites Janet for violating state law for poor record-keeping and charges her with providing marijuana to underage patrons.Can Detective Jones enter and search "High and Mighty" to ensure and enforce compliance with marijuana recreational sales regulations without a search warrant?a. No, a search warrant is required from a neutral and detached magistrate with experience in marijuana cases.b. No, unless Janet gives consent in advance to search the "High and Mighty."c. No, the U.S. Supreme Court held in 1978 that a closely regulated industry can only be inspected without a warrant when the owner requests one.d. Yes, the U.S. Supreme Court held in 1978 that there is an exception to the FourthAmendment for regulated industries and when an entrepreneur embarks uponsuch a business, he/she has voluntarily chosen to subject the business to a fullarsenal of governmental regulation.
Q:
International border searches are based on a compelling interest held by the U.S. government to maintain security.
Which of the following statements accurately describes this issue?
a. International border searches are based on a compelling interest held by the U.S. government to maintain security. Which of the following statements accurately describes this issue?.
b. Border searches do not apply to Americans returning to the U.S. from vacation.
c. Stemming the flow of drugs into the U.S. is one rationale for border searches without reasonable suspicion.
d. Border stops are always unconstitutional if they involve vehicle searches.
Q:
Historically, before the second half of the Twentieth Century, U.S. prisoners:
a. had almost no rights under the Constitution.
b. have always been fully protected by the Constitution.
c. have been protected by the Constitution if they plead guilty.
d. have been protected by the Fourth Amendment in the privacy of their cells.
Q:
Courts have upheld statutes requiring mandatory DNA samples from persons arrested or indicted for ______ crimes.
a. misdemeanor
b. felony
c. heinous
d. administrative
Q:
Jail detainees, not yet convicted of a crime:
a. cannot be searched until they are convicted.
b. have the same Fourth Amendment protections as people not charged with a crime because they presumed innocent until proven guilty.
c. have the diminished Fourth Amendment rights and can be searched without probable cause.
d. can be searched only if there is reasonable suspicion they are dangerous.
Q:
Elected school boards may, if they deem necessary, require _____ drug tests of not only student athletes but also students participating in any extracurricular activities.
a. scheduled
b. random
c. parent-approved
d. parent-notified
Q:
A special need that justifies airport searches is:
a. protection of endangered species.
b. protection of public health.
c. protection from drug smuggling.
d. protection for air travelers.
Q:
_______ businesses may conduct drug testing of employees without fear of Fourth Amendment violation.
a. Any private
b. Only potentially dangerous private
c. Only non-sensitive private
d. Only security-related private
Q:
In determining the reasonableness of airport searches, courts have:
a. not ruled on this matter.
b. held they entail minimal intrusions that apply to all passengers.
c. considered them to be private searches.
d. held that airports may conduct such searches to protect public safety, but the fruits of the searches are inadmissible at a criminal trial.
Q:
The U.S. Supreme Court set a much ______ standard for obtaining a fire, health, or housing inspection search warrant
a. higher
b. more subjective
c. lower
d. more objective
Q:
With regard to border searches, the U.S. Supreme Court has found that:a. any kind of border search can be made without any justification whatsoever.b. strip searches must be justified by probable cause.c. body cavity searches are never justified.d. the national interest in controlling the nation's borders outweighs the invasion of privacy caused by routine border searches.
Q:
Evidence obtained as a result of the administrative _____ of government agencies is admissible if performed within the guidelines established by law.
a. functions
b. mandates
c. routines
d. omissions
Q:
A(n) ________search involves searching prisoners, probationers, parolees, and visitors and employees of prisons and jails to control contraband.a. inventoryb. custody-related c. borderd. inspection
Q:
Inmates in prisons and jails may be searched for weapons or contraband _____.
a. only with a warrant
b. only upon probable cause
c. only upon reasonable suspicion
d. randomly or at any time without any particularized individual suspicion
Q:
Joan Smith is entering the United States at the Canadian border. Officers have reasonable suspicion to believe she is smuggling drugs. Which of the following searches of Joan may the officers lawfully conduct?a. Routine border search, a strip search of her person, a search of her handbag, and a body cavity search. b. Only a routine border search and a search of her handbag.c. Routine border search, a strip search of her person, and a search of her handbag. d. Only a routine border search.
Q:
Sham roadblocks have been held to be _____.
a. a violation of the Fourth Amendment
b. a violation of the Fifth Amendment
c. a violation of the Sixth Amendment
d. constitutional
Q:
If a person attempts to enter the U.S. from Mexico, in order for customs officers to legally remove the gas tank and search for drugs, this conduct would _____.
a. require a warrant
b. require probable cause
c. require reasonable suspicion
d. does not require a warrant or any individualized suspicion.
Q:
According to the Supreme Court, in order to conduct a routine search at the border, officers need:
a. probable cause.
b. a warrant.
c. reasonable suspicion.
d. no probable cause, reasonable suspicion, or a warrant.
Q:
To validly search vehicles at border crossings, federal agents _____.
a. must have probable cause
b. must have reasonable suspicion
c. must have a search warrant
d. are not required to have any warrants or individualized suspicion
Q:
In South Dakota v. Opperman (1976), the police conducted an inventory search in which they searched Opperman's car after towing it to an impound lot because it was parked illegally. They found marijuana during a search of the glove compartment. The Supreme Court decided that the search of the glove comparment:a. violated the U.S. Constitution.b. did not violate the U.S. Constitution because it was a legitimate inventory search.c. violated the U.S. Constitution because it was conducted on a suspicion that drugs were in Opperman's glove compartment.d. did not violate the U.S. Constitution because drugs were discovered in the glove compartment.
Q:
The U.S. Supreme Court has specifically held that checkpoints for _____ purposes do not violate the Fourth Amendment?
a. driving while intoxicated enforcement
b. drug law enforcement
c. general crime control purposes
d. catching burglars in high crime areas
Q:
In order to meet constitutional standards, an inventory search must:
a. be conducted only at police impound lots.
b. be done pursuant to written, established, police department procedures.
c. leave no room for police officer discretion in the search.
d. involve only a "plain view" search of the interior and exterior of the item being searched.
Q:
Safford Unified School District No. 1 v. Redding (2009) held that:
a. partially strip-searching an eighth grader was reasonable.
b. partially strip-searching an eighth grader was unreasonable, but granted individual school officials qualified immunity from civil liability for the illegal search.
c. partially strip-searching an eighth grade was unreasonable, and school officials maintained civil liability for the illegal search.
d. partially strip-searching an eighth grader was reasonable, but school officials could be held civilly liable for the search.
Q:
In general, government employee supervisors may search government owned desks, file cabinets, and computers for work-related matters ____.a. only with warrantsb. only with probable causec. only with reasonable suspiciond. at any time without any minimum amount of suspicion
Q:
The U.S. Supreme Court has held that random drug testing for government-related employees are _____.
a. constitutional for those in heavily regulated industries
b. constitutional only if there is reasonable suspicion
c. unconstitutional under the Fourth Amendment
d. unconstitutional because they violate the privilege against self-incrimination
Q:
According to U.S. v. Ramsey (1977), searches at international borders are:
a. reasonable even without a warrant or probable cause.
b. reasonable only with a warrant.
c. reasonable without a warrant, if there is probable cause.
d. require probable cause, followed by a warrant.
Q:
The U.S. Supreme Court has specifically held that public school boards may require random drug testing of _____.
a. all students
b. student athletes and those involved in extracurricular activities
c. students who are arrested for drug offenses
d. students who are members of gangs
Q:
Which of the following is NOT considered a special-needs search?a. Inventory searchb. Prenatal patient drug search c. Hot pursuit searchd. Airport search
Q:
The Fourth Amendment:
a. applies only to criminal cases.
b. protects just those in criminal cases.
c. limits the right to search to the gathering and use of evidence in criminal cases.
d. includes searches which go beyond the needs of criminal law enforcement.
Q:
Security screenings and seizures of items CANNOT occur without warrants or probable cause at _____.
a. airports
b. courthouses
c. public buildings
d. private functions
Q:
The case establishing limits to identification checkpoints in public housing projects was _____.
a. Illinois v. Lidster
b. State v. Hayes
c. Indianapolis v. Edmonds
d. Michigan State Police v. Stiz
Q:
The exigent circumstance constituting the need to apprehend a fleeing suspect is ___________.
Q:
Which of the following is NOT a "closely regulated industry" for Fourth Amendment purposes?
a. liquor stores
b. coal mines
c. pharmacies
d. jewelry store
Q:
Voluntary and knowing searches require neither a warrant nor ___________.
Q:
Even though a warrantless or suspicionless search may be conducted based on an administrative or public safety rationale, if evidence of crime is validly obtained during such a search, the evidence _____.
a. must be suppressed in a criminal case
b. may be used in a criminal case
c. may be used only in felony cases
d. may not be used unless the defendant consents
Q:
Searches without warrants are permissible if there is reasonable belief that the ________of evidence is imminent.
Q:
The second question in the law of searches analysis asks whether the search was ________.