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Copyright Cengage Learning. Powered by Cognero.
Page 13
“reasonable” as long as they’re based on probable cause.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 4:47 AM
DATE MODIFIED:
1/6/2017 3:49 AM
32. In Wyoming v. Houghton, concerning the search of a passenger’s purse for drugs based on probable cause that drugs
are in the vehicle, SCOTUS 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 or 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.
ANSWER:
d
POINTS:
1
REFERENCES:
Vehicle Searches
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.08 - Understand that the searches of vehicles without warrants are
constitutional because of their mobility and the reduced expectation of privacy in vehicles.
Know that searches of containers and persons within the vehicles without warrants are
“reasonable” as long as they’re based on probable cause.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 4:49 AM
DATE MODIFIED:
1/6/2017 3:49 AM
33. The “grabbable area” allows police to search:
a.
only the area described in 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 "arm’s length."
ANSWER:
d
POINTS:
1
REFERENCES:
Searches Without Warrants
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.05 - Know and appreciate that the millions of searches incident to arrest
are reasonable without warrants, because they protect officers, prevent escape, and preserve
evidence. Understand the scope of incident searches, and know the types of crime and
circumstances that can be subject to these searches.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 4:51 AM
DATE MODIFIED:
1/6/2017 3:49 AM
34. 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, if the individual arrested is outside the car.
c.
dwelling searches incident to arrest, if the seizure occurs in the front yard.
d.
any area that the arrestee could "see" from where they were at the time of the arrest.
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Page 14
ANSWER:
b
POINTS:
1
REFERENCES:
Searches Without Warrants
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.05 - Know and appreciate that the millions of searches incident to arrest
are reasonable without warrants, because they protect officers, prevent escape, and preserve
evidence. Understand the scope of incident searches, and know the types of crime and
circumstances that can be subject to these searches.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 4:53 AM
DATE MODIFIED:
1/6/2017 3:49 AM
35. In Illinois v. Rodriquez (1990), SCOTUS applied what test to uphold a search of Edward Rodriquez’s apartment?
a.
the actual authority third-party consent test
b.
the apparent authority third-party consent test
c.
the voluntariness test
d.
the waiver test
ANSWER:
b
POINTS:
1
REFERENCES:
Consent Searches
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.07 - Know how to determine the scope of consent; when consent can be
withdrawn; and when one person can consent for another. Appreciate the Criminal Procedure
ideal of evidence-based decision making and the empirical research of consent searches.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 4:56 AM
DATE MODIFIED:
1/6/2017 3:49 AM
36. 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.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Search Warrants
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.03 - Know that search warrants require both particularity and probable
cause. Understand that, with some exceptions, officers have to knock, announce their
presence, and give occupants an opportunity to open the door, before forcible entry of homes.
Appreciate the radical changes in the use of search warrants in the Digital Age.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 4:59 AM
DATE MODIFIED:
1/6/2017 3:49 AM
37. 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
ANSWER:
True
POINTS:
1
REFERENCES:
Searches Without Warrants
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.01 - Understand and appreciate the Criminal Procedure Ideal of
balancing crime control and individual privacy as it applies to searches for evidence.
CRPR.SAMA.18.06.02 - Understand that searches hardly ever require warrants, except when
officers want to search homes. Know how officers can execute warrants to search homes
“reasonably.”
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 5:00 AM
DATE MODIFIED:
1/6/2017 3:49 AM
38. The scope of a search incident to arrest includes the entire place where the suspect is arrested.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Searches Without Warrants
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.05 - Know and appreciate that the millions of searches incident to arrest
are reasonable without warrants, because they protect officers, prevent escape, and preserve
evidence. Understand the scope of incident searches, and know the types of crime and
circumstances that can be subject to these searches.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 5:02 AM
DATE MODIFIED:
1/6/2017 3:49 AM
39. If a suspect is arrested in a vehicle, police, as part of the search incident to the arrest, may search the vehicle’s trunk.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Vehicle Searches
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.08 - Understand that the searches of vehicles without warrants are
constitutional because of their mobility and the reduced expectation of privacy in vehicles.
Know that searches of containers and persons within the vehicles without warrants are
“reasonable” as long as they’re based on probable cause.
KEYWORDS:
BLOOM’S: Remember
Copyright Cengage Learning. Powered by Cognero.
Page 16
DATE CREATED:
1/4/2017 5:04 AM
DATE MODIFIED:
1/6/2017 3:49 AM
40. The Fourth Amendment does not prohibit all “no-knock” entries.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Search Warrants
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.03 - Know that search warrants require both particularity and probable
cause. Understand that, with some exceptions, officers have to knock, announce their
presence, and give occupants an opportunity to open the door, before forcible entry of homes.
Appreciate the radical changes in the use of search warrants in the Digital Age.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 5:06 AM
DATE MODIFIED:
1/6/2017 3:49 AM
41. The knock-and-announce rule’s origins come from English common law.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Search Warrants
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.03 - Know that search warrants require both particularity and probable
cause. Understand that, with some exceptions, officers have to knock, announce their
presence, and give occupants an opportunity to open the door, before forcible entry of homes.
Appreciate the radical changes in the use of search warrants in the Digital Age.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 5:07 AM
DATE MODIFIED:
1/6/2017 3:49 AM
42. Most searches take place pursuant to warrants.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Searches Without Warrants
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.01 - Understand and appreciate the Criminal Procedure Ideal of
balancing crime control and individual privacy as it applies to searches for evidence.
CRPR.SAMA.18.06.02 - Understand that searches hardly ever require warrants, except when
officers want to search homes. Know how officers can execute warrants to search homes
Copyright Cengage Learning. Powered by Cognero.
Page 17
“reasonably.”
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 5:09 AM
DATE MODIFIED:
1/6/2017 3:49 AM
43. One of the factors in determining the reasonableness of a search pursuant to a search warrant depends on the manner
in which the police enter the place that the warrant authorizes them to search.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Search Warrants
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.02 - Understand that searches hardly ever require warrants, except when
officers want to search homes. Know how officers can execute warrants to search homes
“reasonably.”
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 5:11 AM
DATE MODIFIED:
1/6/2017 3:49 AM
44. Most searches require warrants to be reasonable.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Searches Without Warrants
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.06 - Know that the millions of consent searches allow officers to search
without warrants or probable cause. Appreciate that without consent, officers couldn’t
conduct the search.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 5:13 AM
DATE MODIFIED:
1/6/2017 3:49 AM
45. Subjective intentions of the police play an important role in ordinary, probable cause Fourth Amendment analysis.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Searches Without Warrants
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.05 - Know and appreciate that the millions of searches incident to arrest
are reasonable without warrants, because they protect officers, prevent escape, and preserve
evidence. Understand the scope of incident searches, and know the types of crime and
Copyright Cengage Learning. Powered by Cognero.
Page 18
circumstances that can be subject to these searches.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 5:15 AM
DATE MODIFIED:
1/6/2017 3:49 AM
46. The Fourth Amendment doesn’t condemn all searches, only “unreasonable” searches.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Chapter Introduction
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.01 - Understand and appreciate the Criminal Procedure Ideal of
balancing crime control and individual privacy as it applies to searches for evidence.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 5:16 AM
DATE MODIFIED:
1/6/2017 3:49 AM
47. Persons consenting to a search can withdraw their consent at any time.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Consent Searches
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.07 - Know how to determine the scope of consent; when consent can be
withdrawn; and when one person can consent for another. Appreciate the Criminal Procedure
ideal of evidence-based decision making and the empirical research of consent searches.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 5:18 AM
DATE MODIFIED:
1/6/2017 3:49 AM
48. 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
ANSWER:
True
POINTS:
1
REFERENCES:
Emergency Searches
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.09 - Understand that emergency searches are based on the idea that it’s
sometimes impractical to require officers to obtain warrants before they search. Know the
four major types of emergency searches.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 5:20 AM
DATE MODIFIED:
1/6/2017 3:49 AM
49. Searches of homes require warrants to be “reasonable.”
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Search Warrants
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.02 - Understand that searches hardly ever require warrants, except when
officers want to search homes. Know how officers can execute warrants to search homes
“reasonably.”
CRPR.SAMA.18.06.03 - Know that search warrants require both particularity and probable
cause. Understand that, with some exceptions, officers have to knock, announce their
presence, and give occupants an opportunity to open the door, before forcible entry of homes.
Appreciate the radical changes in the use of search warrants in the Digital Age.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 5:21 AM
DATE MODIFIED:
1/6/2017 3:49 AM
50. 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.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Searches Without Warrants
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.05 - Know and appreciate that the millions of searches incident to arrest
are reasonable without warrants, because they protect officers, prevent escape, and preserve
evidence. Understand the scope of incident searches, and know the types of crime and
circumstances that can be subject to these searches.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 5:24 AM
DATE MODIFIED:
1/6/2017 3:49 AM
51. Emergency searches are based on the idea that it’s sometimes _______________ to require officers to obtain warrants
before they search.
ANSWER:
impractical
POINTS:
1
REFERENCES:
Emergency Searches
QUESTION TYPE:
Completion
HAS VARIABLES:
False
Copyright Cengage Learning. Powered by Cognero.
Page 20
four major types of emergency searches.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 5:25 AM
DATE MODIFIED:
1/6/2017 3:49 AM
52. To comply with the Fourth Amendment, search warrants have to “_______________ describe the place to be
searched.”
ANSWER:
particularly
POINTS:
1
REFERENCES:
Search Warrants
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.03 - Know that search warrants require both particularity and probable
cause. Understand that, with some exceptions, officers have to knock, announce their
presence, and give occupants an opportunity to open the door, before forcible entry of homes.
Appreciate the radical changes in the use of search warrants in the Digital Age.
DATE CREATED:
1/4/2017 5:27 AM
DATE MODIFIED:
1/6/2017 3:49 AM
53. Searches without warrants are permissible if there is reasonable belief that the _______________ of evidence is
imminent.
ANSWER:
destruction
POINTS:
1
REFERENCES:
Emergency Searches
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.09 - Understand that emergency searches are based on the idea that it’s
sometimes impractical to require officers to obtain warrants before they search. Know the
four major types of emergency searches.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 5:38 AM
DATE MODIFIED:
1/6/2017 3:49 AM
54. Voluntary and knowing searches require neither a warrant nor _______________ _______________.
ANSWER:
probable cause
POINTS:
1
REFERENCES:
Consent Searches
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.07 - Know how to determine the scope of consent; when consent can be
withdrawn; and when one person can consent for another. Appreciate the Criminal Procedure
ideal of evidence-based decision making and the empirical research of consent searches.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 5:39 AM
DATE MODIFIED:
1/6/2017 3:49 AM
55. The exigent circumstance constituting the need to apprehend a fleeing suspect is called _______________
_______________.
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Page 21
ANSWER:
hot pursuit
POINTS:
1
REFERENCES:
Emergency Searches
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.09 - Understand that emergency searches are based on the idea that it’s
sometimes impractical to require officers to obtain warrants before they search. Know the
four major types of emergency searches.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 5:40 AM
DATE MODIFIED:
1/6/2017 3:49 AM
56. The _______________ test of consent to search is an objective test that focuses on the state of mind of the officer
seeking consent.
ANSWER:
voluntariness
POINTS:
1
REFERENCES:
Consent Searches
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.07 - Know how to determine the scope of consent; when consent can be
withdrawn; and when one person can consent for another. Appreciate the Criminal Procedure
ideal of evidence-based decision making and the empirical research of consent searches.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 5:42 AM
DATE MODIFIED:
1/6/2017 3:49 AM
57. In _______________ arrests, officers can stop and arrest motorists for minor traffic offenses, not to enforce the traffic
laws, but to search for evidence of more serious crimes that they don’t have probable cause to arrest the motorists for.
ANSWER:
pretext
POINTS:
1
REFERENCES:
Searches Without Warrants
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.05 - Know and appreciate that the millions of searches incident to arrest
are reasonable without warrants, because they protect officers, prevent escape, and preserve
evidence. Understand the scope of incident searches, and know the types of crime and
circumstances that can be subject to these searches.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 5:43 AM
DATE MODIFIED:
1/6/2017 3:49 AM
58. In Arizona v. Gant (2009), SCOTUS _______________ a Fourth Amendment challenge to a car search incident to a
traffic offense conducted after officers arrested, handcuffed, and placed the driver, Rodney Gant, in the police car.
ANSWER:
upheld
POINTS:
1
REFERENCES:
Vehicle Searches
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.08 - Understand that the searches of vehicles without warrants are
constitutional because of their mobility and the reduced expectation of privacy in vehicles.
Know that searches of containers and persons within the vehicles without warrants are
“reasonable” as long as they’re based on probable cause.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 5:45 AM
DATE MODIFIED:
1/6/2017 3:49 AM
59. The three elements required to satisfy the Fourth Amendment’s warrant requirement include the particularity
requirement, an affidavit supporting probable cause, and the _______________-_______________-_______________
rule.
ANSWER:
knock-and-announce
POINTS:
1
REFERENCES:
Search Warrants
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.02 - Understand that searches hardly ever require warrants, except when
officers want to search homes. Know how officers can execute warrants to search homes
“reasonably.”
CRPR.SAMA.18.06.03 - Know that search warrants require both particularity and probable
cause. Understand that, with some exceptions, officers have to knock, announce their
presence, and give occupants an opportunity to open the door, before forcible entry of homes.
Appreciate the radical changes in the use of search warrants in the Digital Age.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 5:46 AM
DATE MODIFIED:
1/6/2017 3:49 AM
60. The area of arrested persons themselves and the area under their immediate control is called the _______________
area.
ANSWER:
grabbable
POINTS:
1
REFERENCES:
Searches Without Warrants
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.05 - Know and appreciate that the millions of searches incident to arrest
are reasonable without warrants, because they protect officers, prevent escape, and preserve
evidence. Understand the scope of incident searches, and know the types of crime and
circumstances that can be subject to these searches.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 5:48 AM
DATE MODIFIED:
1/6/2017 3:49 AM
61. Identify the three major exceptions to the “knock-and-announce” rule.
ANSWER:
There are three major exceptions to the “knock-and-announce” rule: (1) where knocking and
announcing would reasonably present a threat of physical violence to the officers executing
the warrant; (2) where the officers are in hot pursuit of a person who retreats into a dwelling;
and (3) where police officers have reason to believe that knocking and announcing would
result in the destruction of evidence that police were coming to search for.
POINTS:
1
REFERENCES:
Search Warrants
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.03 - Know that search warrants require both particularity and probable
cause. Understand that, with some exceptions, officers have to knock, announce their
presence, and give occupants an opportunity to open the door, before forcible entry of homes.
Appreciate the radical changes in the use of search warrants in the Digital Age.
KEYWORDS:
BLOOM’S: Understand
DATE CREATED:
1/4/2017 5:49 AM
DATE MODIFIED:
1/6/2017 3:49 AM
62. Explain how the “digital age” has impacted search warrants and criminal law enforcement. Provide practical examples
of how these issues might impact criminal law enforcement.
ANSWER:
In Exhibit 6.1, Reflections on Law and Technology, retired magistrate Judge John Facciola
discusses several of the effects of technology. Included in his discussion are the topics: most
criminal warrants today are issued for electronic information; judges need to be
technologically adept and understand technology; challenges to the Fourth Amendment
particularity requirement when searching electronics; and the need for lawyers to read outside
of their field.
This is one example of a correct answer, others may apply.
POINTS:
1
REFERENCES:
Search Warrants
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.03 - Know that search warrants require both particularity and probable
cause. Understand that, with some exceptions, officers have to knock, announce their
presence, and give occupants an opportunity to open the door, before forcible entry of homes.
Appreciate the radical changes in the use of search warrants in the Digital Age.
DATE CREATED:
1/4/2017 5:51 AM
DATE MODIFIED:
1/6/2017 3:49 AM
63. Describe a search incident to a pretext arrest, and explain its significance.
ANSWER:
A pretext stop or arrest occurs when police officers use the objective basis for one event,
commonly a traffic offense, as a means to do a search or an investigation for a more serious
crime that the officers believe the stopped individual may have committed, but for which
they do not have probable cause.
For example, police officers may believe that a driver has drugs in a car. However, they do
not have probable cause to search the car for drugs. The police could follow the car until the
driver commits a traffic violation and then stop the car for this. If the state law allows, they
could then arrest the driver for the traffic violation and conduct a search incident to lawful
arrest of the car’s interior, pursuant to New York v. Belton. If the search turns up drugs, then
the driver would be arrested for that more serious offense.
POINTS:
1
are reasonable without warrants, because they protect officers, prevent escape, and preserve
evidence. Understand the scope of incident searches, and know the types of crime and
circumstances that can be subject to these searches.
KEYWORDS:
BLOOM’S: Understand
DATE CREATED:
1/4/2017 5:52 AM
DATE MODIFIED:
1/6/2017 12:28 PM
64. Give examples of a person who can consent to a search for someone else. Explain the difference between actual and
apparent authority to consent for another person.
ANSWER:
The law gives examples of situations where one person can consent to a search for someone
else. (1) One lover consents to a search of the room shared with the other lover. (2) One
roommate consents to a search of an entire apartment shared with another roommate. (3) A
homeowner consents to a search of a room that a house guest occupies. (4) A joint user of
luggage consents to a search of the shared luggage. (5) A high school principal consents to a
search of a high school student’s locker. (6) A factory manager consents to a search of items
on top of an employee’s workbench.
Actual authority to consent for another person exists when, in fact, one person has legal
authority to consent for someone else to a search by police of the other person’s house or
possessions.
Apparent authority exists when one person does not, in fact, have legal authority to consent
to police searching another’s house or possessions but, based on the circumstances, the police
reasonably believe that the consenting person does have the actual authority.
POINTS:
1
REFERENCES:
Consent Searches
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.06.07 - Know how to determine the scope of consent; when consent can be
withdrawn; and when one person can consent for another. Appreciate the Criminal Procedure
ideal of evidence-based decision making and the empirical research of consent searches.
KEYWORDS:
BLOOM’S: Apply
DATE CREATED:
1/4/2017 5:55 AM
DATE MODIFIED:
1/6/2017 3:49 AM
65. Identify three emergency searches, and describe why each situation falls under the exception to the warrant
requirement.
ANSWER:
Emergency searches in general do not require warrants based on the concept that it is
sometimes impractical, and could even be dangerous, to require police to obtain a warrant
before the search. General examples of emergency searches are to prevent destruction of
evidence, to prevent the escape of a fleeing suspect, to deal with a potential immediate
danger to the community, and to ensure officers’ safety.
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four major types of emergency searches.
DATE CREATED:
1/4/2017 5:56 AM
DATE MODIFIED:
1/6/2017 3:49 AM
