Q&A Hero

Q: Which of the following government interests are protected by the rule that searches incident to arrest are reasonable?a. The interest in the suspect's reasonable expectation of privacy. b. The interest in preserving evidence.c. The interest in protecting law enforcement officers and the interest in preserving evidence.d. The interest in protecting law enforcement officers, the interest in preserving evidence, and the interest in preventing the escape of suspects.

Q: If a person validly and voluntarily _____ their property, they give up all Fourth Amendment protection for that property.

Q: In California v. Acevedo (1991), the Court ruled that officers with probable cause but without warrants can search containers inside vehicles:a. never " this is not permissible.b. only with apparent authority consent.c. only with actual authority consent.d. if the container isn"t an essential part of the vehicle.

Q: Unless the government is somehow involved, the Fourth Amendment does not apply to evidence obtained in a search by a(n) _____ person.

Q: The countervailing law enforcement interests against "noknock" entry requirements identified by Justice Thomas in Wilson v. Arkansasinclude:a. safety of officers and escape of the prisoner. b. safety of officers and safety of occupants.c. safety of occupants and destruction of evidence.d. safety of officer, escape of the prisoner, and destruction of evidence.

Q: To be able to raise a legal issue, the person must have _____.

Q: Case 10.3An undercover security officer working for a chain supermarket located in New Jersey watches a suspicious male circling the liquor aisles with an empty shopping kart. The man waits for other patrons to leave the area and places four bottle of vodka inside his jacket. He then moves toward the exit. As he does so, he observes security at the door. He then picks up a bag of potatoes and proceeds to the cashier lanes. He pays for the potatoes and attempts to leave the store and is stopped by security. When security confronts the man about the shoplifting, he begins to cause a scene. The security officer searches the man and recovers the four bottles of vodka. He then has the man empty his pant pockets and observes two bags of what appears to be heroin mixed in with his personal papers. Police arrive on scene and the security officer provides details of his observations and the items recovered in his search of the accused. The security officer advises police that the entire event was captured on their surveillance system. The police arrest the suspect and take possession of the heroin and the four bottles of vodka. The security officer responds to the police station to provide a statement and copy of the surveillance video. The accused is charged with the shoplifting and the possession of the heroin.Suppose the accused had left the store with the stolen items and then discarded the vodka bottles into a garbage can just outside the store. Police arrive to find the accused detained by security personnel who brief the police on the theft and directed police to the garbage can. If the police retrieve the bottles from the can without a warrant, would the defense be correct in moving the search be subject to the exclusionary rule?a. The defense would be able to move for exclusion because the garbage can was not under the control of the accused.b. The defense would not be able to move for exclusion because the property (the vodka bottles) was abandoned.c. The defense would be able to claim that because the man was unlawfully detained by the store.d. The defense would not be able to claim that because the vodka was still on store property.

Q: Which of the following is NOT an exception to the warrant requirement approved by the U.S. Supreme Court?a. Informant tip based searchb. Consent searchc. Container search d. Vehicle search

Q: Case 10.3An undercover security officer working for a chain supermarket located in New Jersey watches a suspicious male circling the liquor aisles with an empty shopping kart. The man waits for other patrons to leave the area and places four bottle of vodka inside his jacket. He then moves toward the exit. As he does so, he observes security at the door. He then picks up a bag of potatoes and proceeds to the cashier lanes. He pays for the potatoes and attempts to leave the store and is stopped by security. When security confronts the man about the shoplifting, he begins to cause a scene. The security officer searches the man and recovers the four bottles of vodka. He then has the man empty his pant pockets and observes two bags of what appears to be heroin mixed in with his personal papers. Police arrive on scene and the security officer provides details of his observations and the items recovered in his search of the accused. The security officer advises police that the entire event was captured on their surveillance system. The police arrest the suspect and take possession of the heroin and the four bottles of vodka. The security officer responds to the police station to provide a statement and copy of the surveillance video. The accused is charged with the shoplifting and the possession of the heroin.At trial, the defense argued that the search was unlawful as it was conducted without a warrant and therefore, the evidence leading to the defendant's arrest should be excluded. Is the defense correct with their assertion regarding the validity of the search and request for the exclusion of the evidence?a. The defense's claim is correct. The search was unlawful therefore the evidence should be excluded.b. The defense's claim is not correct. The search was not subject to the exclusionary rule as it was conducted by a private individual.c. The defense's claim is correct because the store failed to give the man the opportunity to pay for the vodka after having paid for the potatoes.d. The defense's claim is not correct because the search was conducted in a public place where privacy is not expected.

Q: In Wilson v. Arkansas, the Supreme Court unanimously decided that: a. the Fourth Amendment prohibits all "noknock" entries. b. the Fourth Amendment does not prohibit "noknock" entries. c. the police are never required to follow the rule of announcement when executing a search warrant. d. ordinarily, the Fourth Amendment requires police knock and announce.

Q: Case 10.2Police respond to a 911 call from a female caller reporting a domestic violence incident. The victim/caller meets the responding officers at the door and invites them inside her home. Once inside, the officers observe evidence of a physical altercation with broken furniture. The victim reports that her boyfriend, with whom she lives, left after slamming her into the wall and threatening to kill her. The victim reports that every time her boyfriend gets wasted, he gets violent. She then tells the police that he left his bag of drugs on their bed and she wants them and her boy friend out of the house. The victim leads the police to bedroom and points to clear plastic with what appears to contain methamphetamine. Police seize the drugs. The victim requests and receives a temporary restraining order against the boyfriend. The boyfriend is subsequently arrested and charged with assault and terroristic threats along with possession of methamphetamine.Suppose the drugs were in a locked cabinet in the garage to which the female victim did not have access. Could she give consent allowing the officers search the closet and seize the drugs?a. Yes, because of the inevitable discovery rule.b. No, because the area is not under common authority.c. Yes, because she is the victim of domestic violence.d. No, because of the domestic partnership rule.

Q: The reasonableness of searches pursuant to search warrants depends on: a. the existence of probable cause only. b. the existence of probable cause and the extent of the search only. c. the existence of probable cause, the extent of the search, and the particularity of the warrant only. d. the existence of probable cause, the extent of the search, teh particularity of the warrant, and the manner in which teh police ener the place to be searched.

Q: Case 10.2Police respond to a 911 call from a female caller reporting a domestic violence incident. The victim/caller meets the responding officers at the door and invites them inside her home. Once inside, the officers observe evidence of a physical altercation with broken furniture. The victim reports that her boyfriend, with whom she lives, left after slamming her into the wall and threatening to kill her. The victim reports that every time her boyfriend gets wasted, he gets violent. She then tells the police that he left his bag of drugs on their bed and she wants them and her boy friend out of the house. The victim leads the police to bedroom and points to clear plastic with what appears to contain methamphetamine. Police seize the drugs. The victim requests and receives a temporary restraining order against the boyfriend. The boyfriend is subsequently arrested and charged with assault and terroristic threats along with possession of methamphetamine.Suppose that, upon arrival, police were met at the door by the defendant who refused entry, but a female could be heard crying within the house. The officers enter the home to ensure the safety of the victim, and once inside, observe evidence of a crime. Under what doctrine could the warrantless search and seizure be upheld?a. curtilageb. inevitable discoveryc. plain viewd. abandoned property

Q: Case 10.2Police respond to a 911 call from a female caller reporting a domestic violence incident. The victim/caller meets the responding officers at the door and invites them inside her home. Once inside, the officers observe evidence of a physical altercation with broken furniture. The victim reports that her boyfriend, with whom she lives, left after slamming her into the wall and threatening to kill her. The victim reports that every time her boyfriend gets wasted, he gets violent. She then tells the police that he left his bag of drugs on their bed and she wants them and her boy friend out of the house. The victim leads the police to bedroom and points to clear plastic with what appears to contain methamphetamine. Police seize the drugs. The victim requests and receives a temporary restraining order against the boyfriend. The boyfriend is subsequently arrested and charged with assault and terroristic threats along with possession of methamphetamine.Prior to trial the defense attempts to suppress the seizure of the drugs. Was the seizure of the drugs police subject to the exclusionary rule?a. Yes, because the search was conducted without a search warrant.b. Yes, because the officers entered the house without defendant's consent.c. No, because of the domestic violence exception.d. No, because the victim has "common authority" over the area searched.

Q: The following are all examples of emergency search situations EXCEPT: a. following a suspect they are chasing into a home. b. searching crates off a boat after the police have received word that a shipment of drugs will be contained in the crates. c. entering and searching a house when police have received a call for help from someone in the house. d. entering a house on fire to search for anyone potentially inside.

Q: Case 10.1Police are following a swerving vehicle on a local street when they observe a black duffle bag being thrown from the driver's window. Police pull over the car for a motor vehicle violation. During the course of the motor vehicle stop the officer determines that the driver had been drinking. While the driver is performing field sobriety tests, a back officer retrieves the bag half a block from the stop. The driver is asked about the bag he threw out the window and he denies throwing anything out of the window. Police advise him that his actions were caught on the patrol vehicles video systems. The driver is arrested for DWI. Police search the bag and find a large quantity of heroin and a handgun. There is a second closed bag in the back seat of the car. The driver is additionally charged with possession and distribution of heroin as well as possession of an unlawful weapon.What would police need to search the second located in the backseat of the car without a search warrant?a. consentb. probable causec. preponderance of evidenced. proof beyond a reasonable doubt

Q: According to the Court of Appeals decision in United States v. Rodney: a. consent to search a person includes consent to frisk the groin area. b. consent to search a person does not include consent to frisk the groin area. c. consent to search a person includes consent to frisk the groin area only if police specifically ask for such. d. consent to search a person includes consent to frisk the groin area as long as the police have no reason to believe the suspect will object to such on religious grounds.

Q: Which is true about containers? a. They can only be searched with probable cause and a warrant. b. No warrant is ever needed to search them, if there is probable cause to do so. c. No warrant is needed if the container is found in a car the police have probable cause to search, and the container is a likely place where the items searched for may be found. d. No warrant is needed if the container is found in a vehicle the police have probable cause to search, regardless of the nature of the container.

Q: Case 10.1Police are following a swerving vehicle on a local street when they observe a black duffle bag being thrown from the driver's window. Police pull over the car for a motor vehicle violation. During the course of the motor vehicle stop the officer determines that the driver had been drinking. While the driver is performing field sobriety tests, a back officer retrieves the bag half a block from the stop. The driver is asked about the bag he threw out the window and he denies throwing anything out of the window. Police advise him that his actions were caught on the patrol vehicles video systems. The driver is arrested for DWI. Police search the bag and find a large quantity of heroin and a handgun. There is a second closed bag in the back seat of the car. The driver is additionally charged with possession and distribution of heroin as well as possession of an unlawful weapon.What is the level of proof needed for the officer to search the bag?a. None, as the bag was abandoned propertyb. Probable causec. A preponderance of evidenced. The officer's mere suspicion

Q: The Fourth Amendment particularity requirement for search warrants: a. does not require a specific address of the place to be searched, but the items to be seized must be specifically described b. requires that the warrant specifically describe the place to be searched and the things to be seized. c. requires a specific address but gives police the discretion to search for whatever they might consider incriminating evidence d. requires police to describe in detail their reasons for requesting a search warrant

Q: Which of the following is NOT one of the requirements to satisfy the Fourth Amendment's warrant requirement?a. Reasonable suspicionb. Particularity requirement c. Probable cause affidavit d. Knock-and-announce rule

Q: Case 10.1Police are following a swerving vehicle on a local street when they observe a black duffle bag being thrown from the driver's window. Police pull over the car for a motor vehicle violation. During the course of the motor vehicle stop the officer determines that the driver had been drinking. While the driver is performing field sobriety tests, a back officer retrieves the bag half a block from the stop. The driver is asked about the bag he threw out the window and he denies throwing anything out of the window. Police advise him that his actions were caught on the patrol vehicles video systems. The driver is arrested for DWI. Police search the bag and find a large quantity of heroin and a handgun. There is a second closed bag in the back seat of the car. The driver is additionally charged with possession and distribution of heroin as well as possession of an unlawful weapon.In the above scenario, which Constitutional amendment covers the recovery of heroin and gun found in the bag thrown from the car?a. Thirdb. Fourthc. Fifthd. Sixth

Q: Identify three emergency searches, and describe why each situation falls under the exception to the warrant requirement.

Q: _____ cases occur when an officer, who is where he or she has a right to be, sees contraband or evidence of a crime. a. Plain view b. Voluntary consent c. Extreme duress d. Honest alibi

Q: Many states have adopted a good _____ exception that permits the use of evidence because of a mistake by a judge, prosecutor, police dispatcher, or computer. a. outcome b. rationale c. purpose d. faith

Q: Give examples of who can consent to a search for someone else. Explain the difference between actual and apparent authority to consent for another person.

Q: If a person has consented to a search but then clearly and specifically revokes the consent, the revocation _____. a. is completely ineffective since, once given, consent cannot be revoked b. serves to suppress all evidence that has been discovered, even prior to the revocation c. is effective if done prior to the discovery of contraband evidence, even if in plain view d. is only effective if the person is being searched at an airport or prison

Q: Describe a search incident to a pretext arrest, and explain its significance.

Q: The exclusionary rule forbids the use of evidence tainted or soiled by improper or illegal police conduct in criminal cases. Such evidence, however, can be used in _____ cases. a. appeals b. civil c. federal d. international

Q: What is the rule regarding searches incident to arrests for minor offenses as created and applied by the U.S. Supreme Court in U.S. v. Robinson?

Q: Identify three exceptions to the "knock and announce" rule.

Q: If a search isconducted solely by a _____, the exclusionary rule does not apply. a. private individual b. state or local official c. consenting searcher d. federal employee

Q: An officer who is acting _____ cannot rely on the good faith exception. a. in his or her official capacity b. to solve or prevent crime c. in an objectively unreasonable fashion d. who has doubts about his or her actions

Q: The area of arrested persons themselves and the area under their immediate control is called the ________ area.

Q: The requirement that search warrants have to describe the place to be searched is known as the _________ requirement.

Q: For the purposes of the Fourth Amendment, there is no search when police view something that is _____. a. in open view b. incriminating c. evidence of a crime d. where there is no expectation of privacy

Q: In U.S. v. Leon, the Supreme Court permitted the use of evidence obtained through the use of a search warrant containing _____. a. deliberate misstatements b. a technical error c. errors of fact d. a reasonable number of errors

Q: The vehicle or automobile exception is an exception to the requirement that police have a(n) ________before conducting a search.

Q: The area directly around the home such as the yard is called the _____. a. dominion b. extension c. curtilage d. domicile

Q: A ________arrest occurs when an officer uses a legal justification to stop a vehicle to search for evidence of an unrelated serious crime for which he did not have the probable cause necessary to support the stop.

Q: Police may enter open fields without a warrant because _____. a. the exclusionary rule does not apply b. open fields are deemed common property c. open fields are not property d. open fields have no reasonable expectation of privacy

Q: A test in which the ________of _________is used to determine whether a consent to search was obtained without coercion, deception or promises is the voluntariness test.

Q: Unless the police are in hot pursuit of a suspect, the Fourth Amendment usually requires a warrant to enter a private home to make arrests.a. Trueb. False

Q: With respect to the expectation of privacy in hotel rooms, courts have held that there is a reasonable expectation of privacy _____. a. only if the individual will be there for at least 7 days b. even if the person who rented the room is not present c. even when the check-out time has passed without an extension d. even though the residence is not expected to be a permanent one

Q: When an officer arrests a suspect for a felony, what are the steps that typically occur after the arrest?

Q: In United States v. Duongthe court held that if a rental vehicle is abandoned, _____. a. the person listed as the driver has no reasonable expectation of privacy for property left in the vehicle b. the vehicle and the property in it cannot be seized until 72 hours after the police find it c. the police must obtain permission of the rental company before seizing it and consent from the person listed as the driver d. the police may move the vehicle to a safe location but must obtain a search warrant before searching it

Q: In California v. Greenwood, the U.S. Supreme Court upheld police search and seizure of a garbage left on the curb by the defendant for pickup because the defendant _____. a. signed a waiver agreement with the trash hauler b. failed to object to the search when given the opportunity to do so c. had no incriminating evidence in the trash d. had no reasonable expectation of privacy in the trash

Q: Identify and provide details about the three elements of arrest warrants that satisfy the requirements of the Fourth Amendment warrant clause.

Q: Make a list of facts officers can take into account in building probable cause. What use can officers make of hearsay in building probable cause?

Q: Compare the definition of reasonable suspicion with probable cause. What two interests does probable cause balance?

Q: Identify the characteristics of a full custodial arrest and contrast it with a stop.

Q: Whether consent to search is actually voluntary is determined by _____. a. the administration of a competency exam b. whether the Miranda warning was given c. a reasonable person standard d. the totality of the circumstances

Q: The U.S. Supreme Court has ruled that a __________is necessary to effect a routine arrest of a suspect in their home.

Q: Police can arrest a suspect in the suspect's home without a warrant if there are ________circumstances that would justify such an arrest.

Q: Which person would be most likely to have actual or apparent authority? a. the driver of a car b. a head nurse in a nursing home c. the landlord of rented space d. a motel manager

Q: If a person abandons property because of illegal police activity, it _____. a. is still a valid abandonment for Fourth Amendment purposes b. is a valid abandonment only for search purposes c. is a valid abandonment only for seizure purposes d. is not a valid abandonment for Fourth Amendment purposes

Q: The reasonableness of an arrest depends on the existence of probable cause and the ________in which the arrest is made.

Q: Information known by police based on what they see, hear and smell is _________information.

Q: If a person abandons property, they _____. a. have no Fourth Amendment rights with regard to that property b. have the right to reclaim it if it is seized c. can sue police for unlawful seizure if it is seized d. can sue police if they damage the property

Q: To have standing to contest a police search, the person must have had a(n) _____ in the place or things searched. a. ownership interest b. subjective expectation of sequestration c. reasonable expectation of privacy d. experience of monetary damages

Q: Kuha v. Minnetonka (2003) held that a dog trained only in the _____ and ______ technique met the requirements of the objective standard of reasonable force test.

Q: The _______of the person to be arrested must be listed on the arrest warrant.

Q: The federal exclusionary rule _____. a. applies only in civil cases b. applies only in criminal cases c. applies in criminal cases and for civil penalties d. applies in civil and criminal cases

Q: The main sources of hearsay information used to establish probable cause in most arrests that rely on hearsay are _________ ___________.

Q: The exclusionary rule would not apply in a case of an unlawful search and seizure conducted by a private citizen acting totally on their own because _____. a. the Fourth Amendment does not apply to private conduct b. the exclusionary rule contains a specific exception for private conduct c. a private citizen cannot act illegally in searching and seizing another's property d. the private citizen does not have standing in the exclusionary rule

Q: In Maryland v. Garrison, the U.S. Supreme Court recognized the importance of allowing latitude for honest mistakes. a. True b. False

Q: A written, sworn statement submitted to a magistrate by a police officer seeking an arrest or search warrant is called a(n) ________.

Q: Information received by the police from third persons is called __________.

Q: In U.S. v. Ritter, the courts greatly expanded the circumstances in which the honest mistake rule can be applied. a. True b. False

Q: The plain view doctrine requires that the officer legally be in the place from which the evidence is viewed. a. True b. False

Q: The objective basis necessary for a police officer to make an arrest is __________ ___________.

Q: Whether police used excessive force in making a nondeadly force arrest is measured by an objective standard. a. True b. False

Q: Under the Fourth Amendment, police may lawfully search and seize garbage left at the curb for pickup without a warrant. a. True b. False

Q: An open field is an unoccupied or undeveloped area outside of the curtilage. a. True b. False

Q: According to the U.S. Supreme Court, so long as officers have probable cause, they do not need to obtain prior judicial approval to make an arrest in a public place.a. Trueb. False

Q: The Fourth Amendment requires that magistrates base their probable cause determination on information sworn to under oath. a. True b. False

Q: Open fields have the same Fourth Amendment protection as the home. a. True b. False

Q: Courts may disagree on the application of the good faith doctrine as illustrated in U.S. v. McClain. a. True b. False

Q: Deadly force can never be used to make an arrest. a. True b. False

Q: Probable cause alone is not enough to make an arrest a reasonable Fourth Amendment seizure. a. True b. False