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Law
Q:
Drug testing of law enforcement and correctional personnel and certain categories of public school students may be done without a warrant if done _____.
a. randomly or based on individualized reasonable suspicion
b. with an area warrant or a writ of habeas corpus
c. pursuant to a capias or attachment
d. after at least one person in the category has been arrested for a drug offense
Q:
Consent searches do not require probable cause or a warrant in light of ________.
Q:
The U.S. Supreme Court lowered the standards for search warrants to facilitate government searches to enforce _____.
a. fire, health, and housing codes
b. laws against illegal immigration
c. drug and gun smuggling laws
d. laws protecting children and dependent adults
Q:
After a police officer issues a stopped motorist a citation for a traffic offense, the officer can search the stopped car without the motorist's consent.a. Trueb. False
Q:
For Fourth Amendment analysis, searches and seizures that are not conducted for the purpose of criminal investigation are termed _____ searches.
a. special needs
b. civil discretion
c. public function
d. public service
Q:
The expectation of privacy that people have in their briefcases, purses and luggage is less than the expectation of privacy that they have in their homes, but greater than the expectation they have in their vehicles.
a. True
b. False
Q:
The U.S. Supreme Court has specifically upheld the use of vehicle checkpoints to enforce immigration laws.
a. True
b. False
Q:
The special needs exceptions to the warrant requirement expand the power of government to search and seize.
a. True
b. False
Q:
If police officers have probable cause to search and they reasonably believe that evidence is in imminent danger of destruction, they can search without a warrant.
a. True
b. False
Q:
While incarcerated, prison and jail inmates have reduced Fourth Amendment protection as compared to those of persons outside the institution.
a. True
b. False
Q:
Frustration with the amount of time and effort it can take to get a warrant often tempts police to avoid the Fourth Amendment's warrant requirement.a. Trueb. False
Q:
Requiring convicted persons in correctional counseling programs to admit to any other crimes is a violation of the Fifth Amendment.
a. True
b. False
Q:
The voluntariness test for deciding when a citizen has given lawful consent to search reflects a balance between the competing concerns of lawful enforcement's need for consent searches and citizens' right to be free from police coercion.
a. True
b. False
Q:
Administrative searches and functions are those that are related to special need of government and the community.
a. True
b. False
Q:
Subjective intentions of the police play an important role in ordinary, probable cause Fourth Amendment analysis.
a. True
b. False
Q:
Probationers and parolees have less Fourth Amendment protection than ordinary citizens.
a. True
b. False
Q:
Concerning arrests for minor crimes, the Supreme Court has decided to leave to police discretion whether suspects ought to be searched incident to their arrest.
a. True
b. False
Q:
People have less Fourth Amendment protection at the international border than in the interior of the U.S.
a. True
b. False
Q:
The reasonableness of a search pursuant to a search warrant depends on the manner in which the police enter the place which the warrant authorizes them to search.
a. True
b. False
Q:
The Ortega rule allows work-related searches in government offices.
a. True
b. False
Q:
Most searches take place pursuant to warrants.
a. True
b. False
Q:
The U.S. Supreme Court has specifically approved the use of vehicle checkpoints for drug interdiction.
a. True
b. False
Q:
The knockandannounce rule's origins come from English common law.
a. True
b. False
Q:
In a government workplace, government workers have reduced Fourth Amendment protection as compared to their protection at home.
a. True
b. False
Q:
The Fourth Amendment does notprohibit all "noknock" entries.
a. True
b. False
Q:
Enterprises involving liquor, firearms, coal mining, pharmacies, and taverns are among those deemed to be "closely regulated businesses."
a. True
b. False
Q:
When a suspect is arrested in a car or other vehicle, police as part of the search incident to the arrest may search the vehicle's trunka. Trueb. False
Q:
As compared to most businesses, businesses deemed "closely regulated businesses" have less Fourth Amendment protection.
a. True
b. False
Q:
The scope of a search incident to arrest includes the entire place where the suspect is arrested.
a. True
b. False
Q:
Law enforcement officers often prefer searches without warrants because of the time or effort it takes to get a warrant issued.
a. True
b. False
Q:
Thus far, in every drug testing case that has reached the U.S. Supreme Court, the government has prevailed.
a. True
b. False
Q:
A search warrant must specifically identify "the things to be seized." This particularity requirement may not be met by specifying an entire class of items.a. Trueb. False
Q:
The U.S. Supreme Court has held that public schools may conduct random drug testing of student athletes and students involved in extracurricular activities.
a. True
b. False
Q:
In Arizona v. Gant (2009), the Supreme Court ruled:a. when a police officer makes a lawful custodial arrest of an occupant of an automobile, he may always search the passenger compartment.b. police may search a vehicle incident to an occupant's arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it's reasonable to believe the vehicle contains evidence related to the offense of arrest.c. police may search a vehicle's passenger compartment incident to a lawful custodial arrest of an occupant if they have probable cause to search.d. police must rely on inventory searches in order to search the passenger compartment of a vehicle.
Q:
Drug testing of police officers can generally be conducted on reasonable suspicion.
a. True
b. False
Q:
New York v Belton (1981) extended the Chimel rule to:a. searches of passengers in the context of an otherwise lawful arrest.b. interior vehicle searches when the individual arrested is outside the car.c. dwelling searches incident to arrest when the seizure occurs in the front yard.d. any area that the arrestee can "see" from where they are at the time of the arrest.
Q:
The "grabbable area" allows police to search:
a. only the area described the affidavit as likely to contain evidence of a crime.
b. only the areas in "plain view" of the police officer at the moment of arrest.
c. only the area where the suspect may have been present within the previous 12 hours.
d. only the area within the suspect's immediate control or "arms length."
Q:
In general, searches of property of public school students by school officials on school property can be conducted on reasonable suspicion.
a. True
b. False
Q:
Under the Fourth Amendment, relaxed search warrant requirements are permitted to enforce health, fire, and housing codes.
a. True
b. False
Q:
In Wyoming v. Houghton, concerning the search of a passenger's purse for drugs based on probable cause that drugs are in the vehicle, the U.S. Supreme Court declared that:a. if police know or should know that a passenger owned the purse they cannot search it.b. the passenger can prevent the search by identifying the container as his/hers.c. the police must seize the purse or other container until they get a search warrant.d. the police may inspect passengers' belongings that are capable of concealing the object of the search.
Q:
Some courts hold that security screenings at airports, courthouses, and other public facilities can be justified on the theory that the persons involved consent to the search and seizure by attempting to use the facility.
a. True
b. False
Q:
The vehicle exception to the warrant requirement is based upon:a. the inherent mobility of the vehicle and the impracticality of impounding the vehicle and getting a warrant. b. the inherent mobility of the vehicle and the reduced expectation of privacy in vehicles.c. convenience of the police.d. the reduced expectation of privacy in vehicles and the convenience of the police.
Q:
If a property owner refuses to allow a housing inspector access to property for inspection then a search warrant must then be obtained.
a. True
b. False
Q:
Police officers at the scene of a fire:
a. Do not need a warrant to remain in a burned building to look for injured victims, do not need a warrant to remain in a burned building to investigate the cause of the fire or explosion, must get a warrant to search for evidence of crime once they determine the cause of the fire, and can search suspicious onlookers without a warrant.
b. Do not need a warrant to remain in a burned building to look for injured victims, do not need a warrant to remain in a burned building to investigate the cause of the fire or explosion, but must get a warrant to search for evidence of crime once they determine the cause of the fire.
c. Can search suspicious onlookers without a warrant.
d. Do not need a warrant to search for evidence of a crime even after the cause of the fire is determined.
Q:
The U.S. Supreme Court held that the probable cause standard is related to criminal investigations.
a. True
b. False
Q:
When an officer makes an arrest, what can be legally searched incident to that arrest?
a. Any areas the suspect had frequented within the past 12 hours.
b. The suspect and the contents of his/her pockets.
c. Any surrounding vehicle, even if the suspect was not sitting in at the time of arrest.
d. The suspect's person and the contents of the grabbable area.
Q:
With regard to the "Plain View" doctrine,any of the five human senses may provide information that makes it "immediately apparent" to the police that the object is evidence of a crime.Discuss the senses applicable to plain view and their application.
Q:
Fully define the categories of abandonment and the subsequent impact on evidence seized and the use of, or exception to, the exclusionary rule in each situation.
Q:
In Illinois v. Rodriguez (1990), the police conducted the consent search of the suspect's apartment based on the consent of the suspect's former girlfriend. According to the Supreme Court's opinion:a. third party consent cannot be used to enter a person's home whether to make an arrest or search.b. the third party giving consent to search must have actual authority over the premises.c. the warrantless entry to search based on third party consent is valid if the officer reasonably believes that the person consenting had authority to consent.d. search completed pursuant to an officer's reasonable but mistaken belief that a third party had authority to consent violates the Fourth Amendment.
Q:
Concerning third party consent to search, in which of the following situations can one person consent to a search for the other person?
a. A janitor consenting to the search of the employer's premises.
b. A school administrator consenting to the search of a guidance counselor's locked desk containing confidential records.
c. A factory owner consenting to a search of items on top of an employee's workbench.
d. A landlord consenting to the search of a tenant's apartment.
Q:
Discuss the legal precedent of the case of U.S. v. Leon.
Q:
What do the police need to articulate in order to obtain a "no-knock" warrant?
a. The consent of the person for whom the arrest warrant is for.
b. That the "Fair Warning" doctrine be employed.
c. The persons were armed with automatic weapons and explosives, otherwise a no-knock warrant is not permissible.
d. That knocking (announcing their presence) would be dangerous, futile, compromise the investigation, and allow for the destruction of evidence.
Q:
In the case of Wilson v Arkansas (1995), what did the court decide?a. The police can never enter a home to execute a warrant without knocking first.b. Searches of automobiles did not require probable cause because of the "mobility factor."c. Officers can only "pat" someone down, and the pat-down can only be for weapons.d. The issue of allowing police to enter without knocking was reasonable but the state courts were remanded to determine reasonableness for the use of a "no-knock" entry.
Q:
What are the four factors the U.S. Supreme Court listed in U.S. v. Dunnto help distinguish open fields from the curtilage? Give examples of each. What difference does it make whether property is open fields of curtilage?
Q:
Define the concept of standing. When does a defendant have standing to challenge a police search of a place or things? Be sure to provide examples.
Q:
The major issue of contention between the Supreme Court majority opinion and the dissenting opinion in Schneckloth v. Bustamonte, the case involving the consent search of the defendant's car, was:a. whether consent to search was actually obtained by the officers.b. whether the initial stop of the defendant's car was lawful.c. the coercion of the defendant to obtain the consent.d. whether the police must inform a suspect of her right to refuse consent to a consent search.
Q:
Which of the following would NOT justify an emergency search?
a. Belief of danger to community safety
b. Inconvenient location to wait with suspect for a warrant
c. Potential of suspect destroying evidence
d. Belief of danger to officers
Q:
Law officers must prove that consent to enter premises or consent to search a person was given _____ and was not the product of duress or coercion.
Q:
If evidence is obtained in a legitimate consent search, the _____ rule does not apply.
Q:
According to the empirical research about consent searches:
a. lower courts find that consent was voluntary in all but the most extreme cases .
b. lower courts are very willing to set consent searches aside when they find they were not voluntary
c. there are so few consent search cases that courts have had little opportunity to rule on the issue
d. judges are skeptical of consent searches and critical of the police in their opinions
Q:
Consent is not needed to enter premises if police officers enter in _____ circumstances.
Q:
According to the waiver test of consent:a. any search free of coercion is obtained by consent.b. those who consent need to know they have a right to refuse consent.c. once a person consents, they cannot retract their consent.d. a consent search is valid only if the person consenting voluntarily and knowingly waives her Fourth Amendment rights.
Q:
In Marylandv._____, the U.S. Supreme Court excused an honest mistake by officers while executing a search warrant.
Q:
In order to conduct a consent search of a person, an officer must have:a. probable cause to believe the suspect has seizable items on his/her person. b. a valid warrant.c. reasonable suspicion to make a stop. d. voluntary consent to search.
Q:
The exclusionary rule does not apply in probation or _____ revocation proceedings.
Q:
Police ordinarily seek consent to search:
a. when they do not have probable cause and cannot get a warrant.
b. after a judge has refused to issue a warrant.
c. when they think the person is intoxicated.
d. when they are dealing with teenagers.
Q:
To have _____ to challenge a police search, the person must have had a reasonable expectation of privacy in the place searched.
Q:
According to the Supreme Court's decision in Whren v. U.S,concerning the use of a pretext arrest in a drug search:
a. pretext arrests violate the Fourth Amendment.
b. courts should use a "balancing" test to decide the constitutionality of auto stops.
c. a search incident to a lawful arrest for a traffic violation is a reasonable Fourth Amendment search.
d. pretext stops and searches incident to them should be kept at a minimum.
Q:
In U.S.v._____, the U.S. Supreme Court recognized a good faith exception to the exclusionary rule in a defective warrant case.
Q:
Concerning pretext searches:a. the Supreme Court has decided that they violate the Fourth Amendment. b. officers using them usually have probable cause to arrest for a felony.c. they are used with searches incident to arrest.d. they are powerful investigative tools that police use to gather evidence against suspects and the Supreme Court has decided that they do not violate the Fourth Amendment.
Q:
In Knowles v. Iowa, concerning an instance where a driver had been given a citation for speeding but had not been arrested, the Supreme Court:
a. said that the officer issuing the citation could still do a search incident to arrest.
b. believed that the same concern for officer safety that was present in a full custodial arrest situation was present in every traffic stop.
c. said that police could not automatically do a search incident to arrest when only a citation is given the driver, as opposed to when an arrest occurs.
d. said the police could automatically do a search incident of the driver's person, but not of the vehicle.
Q:
The ____ Amendment prohibits unreasonable searches and seizures.
Q:
The exclusionary rule does not apply at civil jury proceedings or _____ jury proceedings.
Q:
In U.S. v. Robinson (1973), the police had stopped the defendant for driving with a revoked driver's permit. The Supreme Court's ruling with respect to the legality of the search of the defendant is important because it held that: a. a search incident to arrest may be conducted only where there is probable cause that the arrestee has weapons or evidence on his person.b. a search incident to arrest may be conducted only where there is reasonable suspicion.c. a search incident to a full custody arrest may be conducted regardless of the likelihood of finding weapons or evidence on the arrestee's person.d. a search may not be conducted incident to an arrest for a traffic offense.
Q:
Denial of _____ can result in abandonment.
Q:
_____ fields have less Fourth Amendment protection than the home.
Q:
According to the Supreme Court in New York v. Belton, involving a search of the passenger compartment of a car and its contents incident to an arrest:
a. police may always search if they have probable cause to do so.
b. officers must have probable cause to search the passenger compartment.
c. when a police officer has made a lawful custodial arrest of the occupant of an automobile a contemporaneous search of the passenger compartment is incident to the arrest.
d. officers may search containers found in the passenger compartment if they have reasonable suspicion the containers hold contraband or weapons.
Q:
Under the holding in Chimel v. California (1969), a leading Supreme Court case on searches incident to arrest, the police must limit a thorough search incident to arrest to the arrestee's:a. person (body and clothing).b. person and the area within his immediate control.c. person and the room in which he is arrested.d. person and the house or apartment where he is arrested.
Q:
According to the Supreme Court in Chimel v. California, involving the search of a house incident to an arrest for burglary of a coin shop:
a. it is not reasonable to search a person who is lawfully arrested.
b. it is not reasonable to search an entire house incident to a lawful arrest of someone there.
c. the Fourth Amendment does not protect searches incident to lawful arrests.
d. police must always have search warrants to search persons.
Q:
The area immediately around a house such as the yard is called the _____.