True / False
1. The Fourth Amendment applies to voluntary encounters.
a.
True
b.
False
False
Obtaining Physical Evidence from the Person of a Suspect
CEPC.GARD.16.14.1
2. A Terry stop is a brief, investigative detention that falls short of an arrest.
a.
True
b.
False
True
Obtaining Physical Evidence from the Person of a Suspect
CEPC.GARD.16.14.1
3. Terry stops are authorized only on probable cause.
a.
True
b.
False
False
Obtaining Physical Evidence from the Person of a Suspect
CEPC.GARD.16.14.1
4. Reasonable suspicion of drug trafficking is all that is needed for officers to make arrests.
a.
True
b.
False
False
Obtaining Physical Evidence from the Person of a Suspect
CEPC.GARD.16.14.2
5. An anonymous phone call alone cannot create reasonable suspicion.
a.
True
b.
False
True
CEPC.GARD.16.14.1
6. Inventory searches may be conducted only on reasonable suspicion.
a.
True
b.
False
7. The first clause of the Fourth Amendment prohibits unreasonable searches and seizures.
a.
True
b.
False
True
Obtaining Evidence by Police Entry into Private Premises
CEPC.GARD.16.14.2
8. An arrest warrant confers a limited authority to enter the dwelling in which the suspect resides when there is
reason to believe the suspect is inside.
a.
True
b.
False
True
Obtaining Evidence by Police Entry into Private Premises
CEPC.GARD.16.14.2
9. The general rule is that, when executing warrants, officers must knock, announce, and wait a reasonable
amount of time before making a forcible entry.
a.
True
b.
False
True
Obtaining Evidence by Police Entry into Private Premises
CEPC.GARD.16.14.1
10. There are no exceptions to the knock and announce rule for executing warrants.
a.
True
b.
False
False
Obtaining Evidence by Police Entry into Private Premises
CEPC.GARD.16.14.1
11. Under the Fourth Amendment, when executing a search warrant, police are authorized to use reasonable
force if necessary to detain the occupants while the search is going on.
a.
True
b.
False
True
Obtaining Evidence by Police Entry into Private Premises
CEPC.GARD.16.14.3
12. One set of exceptions to the warrant requirement involves exigent circumstances.
a.
True
b.
False
True
Obtaining Evidence by Police Entry into Private Premises
CEPC.GARD.16.14.3
13. During a traffic stop, the Fourth Amendment prohibits officers from looking into the interior of the vehicle.
a.
True
b.
False
False
Obtaining Evidence in Traffic Stops and Vehicle Searches
CEPC.GARD.16.14.3
14. In Thornton v. U.S. (2004), the Supreme Court expanded the authority of officers to search vehicles incident
to a lawful arrest.
a.
True
b.
False
15. People have the same degree of protection under the Fourth Amendment in their home as they do in their
automobile.
a.
True
b.
False
False
Obtaining Evidence in Traffic Stops and Vehicle Searches
CEPC.GARD.16.14.4
16. In California v. Carney, the U.S. Supreme Court refused to expand the automobile exception to cover
mobile/movable motor home.
a.
True
b.
False
False
Obtaining Evidence in Traffic Stops and Vehicle Searches
CEPC.GARD.16.14.5
17. Warrantless searches and seizures inside a home are presumptively (generally) unreasonable under the
Fourth Amendment.
a.
True
b.
False
True
Obtaining Evidence by Police Entry into Private Premises
CEPC.GARD.16.14.2
18. In Brigham City v. Stuart, the Supreme Court held that police, while not an emergency, could enter a
residence to arrest occupants.
a.
True
b.
False
True
Obtaining Evidence by Police Entry into Private Premises
CEPC.GARD.16.14.6
19. The officer in a pretextual stop usually suspects the driver (or a passenger) of having committed, or being in
the process of committing, a serious crime.
a.
True
b.
False
Multiple Choice
20. Which of the following is not a Fourth Amendment search or seizure?
a.
Terry stop
b.
Terry frisk
c.
arrest
d.
voluntary encounter
21. Between January, 2004 and June 2012, about _____ percent of the 4.4 million stop and frisk encounters in
New York City involved blacks or Hispanics.
a.
60
b.
70
c.
80
d.
90
22. Under the Fourth Amendment, a person has been seized when a(n) _____ person under the circumstances
would conclude that they are not free to leave.
a.
objectively reasonable
b.
reasonable
c.
mentally competent
d.
sagacious
23. The permissible purpose of a frisk is to find _____.
a.
evidence of crime
b.
identification information
c.
weapons
d.
contraband
24. In Missouri v. McNeeley, the Supreme Court stated that the simple fact that alcohol metabolizes in the body
is not a(n) _____ justifying a warrantless blood draw in a DUI arrest.
a.
permissible exception
b.
allowable rationale
c.
exigent circumstance
d.
authoritative exclusion
25. At a minimum, an arrest requires _____.
a.
suspicion
b.
reasonable suspicion
c.
probable cause
d.
clear and convincing evidence
26. Protective sweeps or safety checks may be conducted during a valid arrest on the basis of _____.
a.
probable cause
b.
reasonable suspicion
c.
clear and convincing evidence
d.
subjective suspicion
27. Otherwise valid inventory searches require _____.
a.
a warrant
b.
reasonable suspicion
c.
probable cause
d.
no additional evidentiary justification
28. The Fourth Amendment only prohibits _____ searches and seizures.
a.
unreasonable
b.
evidence-gathering
c.
searches on less than a compelling necessity
d.
warrantless
29. Under Michigan v. _____, the U.S. Supreme Court authorized detention of the occupants of a place while a
valid search warrant was being executed.
a.
Moseley
b.
Witherspoon
c.
Summers
d.
Johnson
30. During a valid traffic stop to issue a traffic ticket, officers may lawfully (automatically) do all but which of
the following?
a.
ask to see driver’s license, registration, etc.
b.
ask questions of the driver and passenger
c.
seek consent to search
d.
search the vehicle
31. The automobile exception to the warrant requirement requires, at a minimum, _____.
a.
reasonable suspicion
b.
probable cause
c.
a valid checkpoint
d.
clear and convincing evidence
32. The 1925 case of Carroll v. U.S. dealt with the _____ exception.
a.
movable vehicle
b.
special needs
c.
emergency
d.
exigent
33. A consent to search functions as a _____ of Fourth Amendment protections.
a.
contradiction
b.
waiver
c.
contraindication
d.
subjugation
34. A(n) _____ search can be made if an officer who has made a valid investigative stop has reasonable
suspicion to believe that the suspect “may be armed and presently dangerous.”
a.
protective
b.
preventive
c.
defensive
d.
emergency
35. Depending on the location of the evidence or the circumstances under which it is obtained, limitations apply
to the _____ of physical evidence obtained by the police.
a.
reasonableness
b.
admissibility
c.
quantity
d.
composition
36. That quantum (amount) of evidence known as reasonable _____ is needed to authorize an investigative
detention,
a.
conjecture
b.
cause
c.
suspicion
d.
justification
37. Most investigative detentions are supported by reasonable_____, and occur over a reasonable short period of
time.
a.
inference
b.
experience
c.
intuition
d.
suspicion
38. A Terry stop is a(n) _____.
a.
investigative detention
b.
stop and frisk
c.
search at a border
d.
checkpoint method
39. _____ searches are therefore not searches for incriminating evidence.
a.
Consent
b.
Inventory
c.
Custodial
d.
Private
Case 14.1
Officer Jamison is on patrol in his typical neighborhood, when he notices a young woman standing alone near
the local bank. When she sees his patrol car, she turns around and starts walking in the other direction. Officer
Jamison pulls up alongside the young woman and notices that she has quite a few tattoos on her arms and is
clutching a paper bag. Officer Jamison pulls over and gets out of his car, asking the woman if he could have a
word with her. She stops and stares at the officer, but says nothing. When Officer Jamison asks for her
identification, she begins to walk away. Officer Jamison does not recognize the woman and has a hunch that she
may have drugs or other contraband in the paper bag. He then tells the young woman, “Halt. What are you
doing in this neighborhood and why won’t you tell me who you are?” When she fails to comply, Jamison steps
in her path and crosses his arms, saying, “Young lady, I asked you a fair question. So, will you please answer
me?” At this time, she reverses course and starts to walk the other way down the open sidewalk.
40. Officer Jamison can demand the woman provide identification or face arrest:
a.
since the tattoos make the woman suspicious.
b.
if state law requires citizens to comply when asked to produce identification.
c.
only if Officer Jamison has probable cause she possesses illegal drugs.
d.
only after a lawful arrest.
41. How could the officer assess whether he had reasonable suspicion justifying an investigative detention of the
young woman walking away from him?
a.
Jamison is given broad discretion based on his personal experience.
b.
Jamison would need to establish probable cause that the fruits of a crime were likely present or his
safety was in jeopardy.
c.
Jamison will need to show clear and convincing evidence of criminal activity.
d.
Jamison can rely on the totality of circumstances.
42. Could a judge determine that stepping in front of the young woman constituted an investigative detention?
a.
If the young woman believes she was not free to go.
b.
Only if a reasonable person would have believed they were not free to go.
c.
Only if the young woman does not have any illegal drugs in the bag.
d.
If witnesses suspected the young woman possessed drugs in the bag.
Case 14.2
Officer Antioch is investigating a disturbance in a large apartment building. The complainant says that the
people in Apartment 103 won’t stop playing their music so loud that the complainant can’t sleep. Officer
Antioch knocks on the door of Apartment 103 and Melissa answers the door. Officer Antioch is also
overwhelmed by the loudness of the stereo system and asks Melissa to turn the stereo down. While he is
standing in the hallway, Melissa jumps towards the coffee table that contains drug paraphernalia, grabs a bag of
white powder, and rushes towards the bathroom. Officer Antioch believes Melissa is about to flush illegal drugs
down the toilet and enters the apartment, but Melissa closes the bathroom door behind her. Officer Antioch then
hears the distinctive sound of the toilet flushing. Melissa exits the bathroom as if nothing had happened. Officer
Antioch knows that possession of the drug paraphernalia is itself a felony, but just then Bob appears from an
adjoining bedroom, grabs the drug paraphernalia from the coffee table and sprints out of the apartment. Officer
Antioch sees Bob banging on the door of another apartment belonging to Charlie and Charlie admits Bob.
Officer Antioch barges into Charlie’s apartment and arrests Bob, who is still holding the drug paraphernalia
from Melissa’s apartment. He also arrests Melissa for the possession of drug paraphernalia. Officer Antioch
searches Bob and finds that he also has cocaine in his front pocket.
43. Officer Antioch’s entry into Melissa’s apartment:
a.
required him to secure a search warrant based on probable cause that a crime had been or was being
committed as Melissa has a reasonable expectation of privacy to her personal home.
b.
is permitted since he was investigating a disturbance of the peace.
c.
required him to announce he was entering the apartment “in the name of the law.”
d.
is permitted since he believed drugs would be destroyed.
44. Officer Antioch’s entry into Charlie’s apartment:
a.
required him to secure a search warrant based on probable cause that a crime had been or was being
committed as Charlie is innocent of any crime and has a reasonable expectation of privacy to his
personal home.
b.
is permitted since Officer Antioch was pursuing Bob.
c.
required him to announce he was entering the apartment “in the name of the law.”
d.
is permitted since he believed drugs would be destroyed.
45. The cocaine that Officer Antioch found in Bob’s pocket:
a.
is not admissible since he is only allowed to search for weapons that might jeopardize officer safety
at the time of arrest.
b.
is admissible because criminals impliedly consent to such searches.
c.
is admissible only if the cocaine can be related back to Melissa’s crimes.
d.
is admissible if probable cause to make the arrest of Bob exists.
Case 14.3
Officer Andretti pulls over a car that was driving 20 miles over the speed limit. After asking for license and
registration from the driver, he smells the distinct odor of alcohol in the car. There is one person in the
passenger seat and one in the back seat. Both of these young people appear to be minors. When he looks into
the back of the car, Officer Andretti sees beer cans littering the backseat. The officer asks the passenger and the
person in the back seat to exit the vehicle. They stumble and have a hard time standing up. Both of them smell
of alcohol and their identification cards show they are under the legal age to consume alcohol in the state. The
driver is also under age to possess or drink alcohol in the state, though does not appear to be impaired. Officer
Andretti informs the driver he is being detained under state law under suspicion of providing alcohol to minors.
One of the other passengers, Caitlin, becomes belligerent and shoves Officer Andretti. Officer Andretti arrests
Caitlin, telling the other cooperative occupants of the car to take a seat on the curb. After placing handcuffs on
Caitlin, Officer Andretti frisks the young woman and finds that she has illegal drugs in her pocket. Officer
Smith arrives at this point to provide assistance, taking the driver and other passenger to the police station for
processing for the alcohol offenses. The car is on a busy street and the police have it towed to the impound lot.
At the lot, the on-duty officer finds a loaded 45 caliber pistol in the trunk in violation of state law.
46. The drugs found on Caitlin:
a.
are admissible because she was suspected of drinking underage.
b.
are inadmissible because she was suspected of drinking underage not drug possession.
c.
are inadmissible because Andretti lacked probable cause to search for drugs.
d.
are admissible because she was arrested for her assault on Andretti.
47. The illegal weapon found in the vehicle is:
a.
admissible as incident to the arrest of Caitlin.
b.
admissible under the motor vehicle exception.
c.
admissible as the product of an inventory search.
d.
admissible under Alabama v. White.
48. Search and seizure protections are found in the ____________________ Amendment.
49. Brief investigative detentions based on reasonable suspicion are referred to as _____________________
stops.
50. According to the U.S. Supreme Court, a Terry stop requires ____________________.
reasonable suspicion
51. Inventory searches are ____________________-type searches, not searches for incriminating evidence or
weapons.
52. The general rule is that police may not enter a person’s home to make an arrest of that person unless police
have a search or arrest ____________________.
53. Warrantless searches and seizures inside a _____________________ are presumptively (generally)
unreasonable under the Fourth Amendment.
54. ____________________ stops are utilized thousands of times annually for drivers that are speeding or have
equipment violations.
55. In a suppression hearing brought by the defendant, the ____________________ has the burden of
demonstrating that an exception to the warrant requirement covers any particular warrantless search or seizure.
56. In Brendlin v. California, the Supreme Court held that the passenger was _____________________ by the
traffic stop.
57. In the year ____________________ the Supreme Court in Carroll v. U.S. first recognized the automobile
exception to the warrant clause.
58. At a minimum, stop and frisk require that the officer have ____________________ suspicion.
59. The automobile exception has a ____________________ right of privacy from homes.
60. Although the term ____________________ is of recent vintage, the underlying rule that where the front
door of a home is accessible to the public the police may approach it is longstanding.
61. ____________________ suspicion is therefore more than a hunch, a gut reaction, or mere suspicion.
62. In order to be lawful, a traffic stop must be temporary, ____________________ and in public.
63. Discuss, describe, compare, and contrast the legal requirements for voluntary encounters and Terry stops. Be
sure to provide examples.
64. In general, under the Fourth Amendment, what is the required procedure when police arrive at a residence to
serve a warrant? When are these requirements excused? Be sure to provide examples.
65. Discuss and explain four exceptions to the warrant requirement. What are the prerequisites for each
exception? Be sure to provide examples.
66. Explain the concept of community caretaking. What impact does this have on obtaining evidence of criminal
conduct?
67. Discuss the automobile exception and how if differs from entering a residence in terms of probable cause.
68. Discuss the exceptions to the Fourth Amendment’s search warrant requirement recognized by the Supreme
Court.
69. Is a motorist who is stopped by the police for a traffic violation, under normal circumstances, considered
being in ‘custody’? Why or why not?