1. Proper execution of an anticipatory search warrant is dependent upon _____.
a.
a triggering condition
b.
reasonable suspicion
c.
reasonable suspicion and a triggering condition
d.
witness testimony and reasonable suspicion
Particularity Requirement
2. For Fourth Amendment purposes, a seizure of property occurs whenever there is a(n) _____.
a.
b.
c.
d.
Applying for Search Warrants
3. What were all-purpose warrants referred to in early colonial America?
a.
Criminal warrants
b.
Star chamber warrants
c.
Writs of assistance
d.
Writs of mandamus
4. A general warrant _____.
a.
lacks specificity in the person or place to be searched
b.
is directed to a specific officer or department
c.
may be signed by the clerk of the court rather than a magistrate
d.
can be used only against smugglers
5. The information that a law enforcement officer swears to in an affidavit (or in live testimony) to establish probable
cause for a warrant must be “truthful in the sense that the information put forth is” _____.
a.
objectively established as true
b.
believed or appropriately accepted by the affiant as true
c.
sworn to be true by at least two independent sources
d.
established as true by a reasonable person test
Grounds for Issuing Search Warrants
CPCJ.FERD.16.4.5
6. To qualify to issue a warrant, the judicial officer must be _____.
a.
biased and attached
b.
biased and detached
c.
neutral and semi-detached
d.
neutral and detached
Who May Issue Search Warrants
7. Coolidge v. New Hampshire, 403 U.S. 443 (1971) found that a _____ is not a neutral and detached judicial officer.
a.
justice of the peace
b.
clerk of the court
c.
state attorney general
d.
magistrate
Who May Issue Search Warrants
CPCJ.FERD.16.4.2
8. The neutral and detached requirement for the issuing authority means that the issuer must not _____.
a.
have anything to gain or lose in the outcome
b.
be related to the officer
c.
have had business relations with anyone involved in the case
d.
care about the probable cause
Applying for Search Warrants
9. A police officer requests and is granted a search warrant for a particular residence. The search warrant specifies that the
search is not to be commenced until after a UPS delivery truck appears at the residence on a particular date to drop off a
package. This is a(n):
a.
administrative search warrant
b.
anticipatory search warrant
c.
conditional search warrant
d.
general search warrant
CPCJ.FERD.16.4.3
10. Probable cause to search has two requirements that probable cause to arrest does not: _____.
a.
that the information must not be stale and particularity regarding place and items
b.
that the information must not be stale and that the applying officer must have applied Aguilar/Spinelli
c.
that the information was NOT from an informant and particularity regarding place and items
d.
reasonable suspicion and particularity regarding place and items
Grounds for Issuing Search Warrants
CPCJ.FERD.16.4.5
11. In a situation where an officer acts in reckless disregard for the truth when applying for a warrant: _____.
a.
the entire warrant will automatically be deemed constitutionally defective
b.
some clauses from the deficient parts of the warrant may be severed or redacted
c.
the officer will automatically be civilly liable in any Section 1983 claim that is filed
d.
the admissibility of the evidence will not be impacted because the exclusionary rule does not apply to this
situation
b
Constitutionally Defective Warrants
CPCJ.FERD.16.4.5
12. Probable cause must be based on _____.
a.
Aguilar/Spinelli
b.
fact
c.
reasonable suspicion
d.
proof beyond a reasonable doubt
b
Grounds for Issuing Search Warrants
CPCJ.FERD.16.4.1
13. Which statement about a Franks hearing is true?
a.
The purpose of the hearing is to allow a criminal defendant to challenge the veracity of an affidavit used by the
police to obtain a search warrant.
b.
A simple allegation of falsity and/or material omission is insufficient to trigger (initiate) a Franks hearing.
c.
The defendant bears the burden of proving, beyond a reasonable doubt, that an application for a warrant
contained false statements that were knowingly or recklessly made, or alternatively that material information
was knowingly or recklessly omitted from the warrant application.
d.
All criminal suspects are entitled to a Franks hearing.
Constitutionally Defective Warrants
CPCJ.FERD.16.4.5
14. Which description does not satisfy particularity requirements?
a.
VHS videotape, labeled: 349, titled: A. Pretty Pet
b.
RCA television set, stolen from 35 Main St., Canton, NY
c.
Manufacturer unknown, model unknown, .357 Magnum revolver, stainless steel, name “Lisa” engraved on
stock
d.
All cannabis plants normal
b
Particularity Requirement
CPCJ.FERD.16.4.4
15. Which description lacks sufficient particularity to satisfy the Fourth Amendment?
a.
Various obscene books, magazines and video tapes
b.
Various instruments and tools used in perpetrating burglary, which were instrumentalities of such crime
c.
All marijuana located on the premises lities of such crime
d.
Homemade pipe bomb
Particularity Requirement
16. A search warrant is _____.
a.
issued by the police
b.
issued in the name of the proper judicial authority
c.
directed to any officer of the court
d.
commands the property be brought before the authority
d
Applying for Search Warrants
CPCJ.FERD.16.4.2
17. Under rule 41(c) of the Federal Rules of Criminal Procedure, seizure is limited to _____.
a.
items other than biologicals
b.
evidence of a crime
c.
contraband such as drugs
d.
nontestimonial evidence
Applying for Search Warrants
18. The execution of a search warrant must normally be _____.
a.
immediately after issuance
b.
initiated during daytime
c.
discontinued after dark
d.
done in the presence of the occupant(s)
b
Executing Search Warrants
CPCJ.FERD.16.4.4
19. Legal issues surrounding search and seizures typically fall under the ____ Amendment?
a.
First
b.
Fourth
c.
Eight
d.
Fifth
b
Applying for Search Warrants
CPCJ.FERD.16.4.1
20. Officers executing a search warrant for a particularly described premises may not search _____.
a.
other buildings which may be on that land
b.
vehicles which may be parked on that land
c.
people on the premises without further justification
d.
the open fields around the land
Executing Search Warrants
CPCJ.FERD.16.4.8
21. After knocking and announcing their presence and purpose and waiting a few moments, officers executing a search
warrant for stolen property hear no sound. The officers _____.
a.
may then break in without further process
b.
must wait for a supervisor’s approval to break in
c.
must make a further investigation to ensure no one is home
d.
must return when someone is home
Executing Search Warrants
CPCJ.FERD.16.4.6
22. The most legally sound action for officers about to execute a search warrant for narcotics in a dwelling is to _____.
a.
break in without notice
b.
enter through unlocked windows or doors then announce their presence
c.
disregard knock and announce since the warrant is for narcotics
d.
follow knock and announce requirements
d
Executing Search Warrants
CPCJ.FERD.16.4.6
23. An officer about to execute a search warrant has a sudden feeling that the occupants might resist, making the officer
fearful. The officer has no facts or circumstances to support this belief. The most legally sound course of action would be
to _____.
a.
break in without notice
b.
surreptitiously enter
c.
still knock and announce
d.
get permission from a supervisor to break in
Executing Search Warrants
CPCJ.FERD.16.4.6
24. Officers execute a search warrant to search a dwelling for narcotics and find several persons on the premises. They
find no illegal substances. The officers’ most legally sound course of action is _____.
a.
without further justification, search the people for the drugs.
b.
acquire additional probable cause that the people have the drugs on them, then search them for the drugs.
c.
without additional justification, search the owner for the drugs but not the others.
d.
without further justification, search everyone for weapons. /span>
b
Executing Search Warrants
CPCJ.FERD.16.4.4
25. Officers have a warrant authorizing search for narcotics allegedly being sold in a tavern. When they execute the
warrant, there is a bartender and eighteen customers. Select the officers’ most legally sound course of action.
a.
The officers may search the premises and everyone in it for drugs.
b.
The officers may search the premises for drugs and frisk the people for weapons.
c.
The officers may search the premises for drugs, but need specific probable cause for each person they want to
search for drugs or frisk for weapons.
d.
The officers may search the premises for drugs, but need specific probable cause for each person they want to
search for drugs and specific, articulable suspicion of danger to frisk for weapons.
d
Executing Search Warrants
26. Officers have a warrant to search a dwelling for three shotguns stolen in a burglary of a gun store. In executing the
warrant, they discover many other firearms not described on the warrant, some of which they recognize immediately as
having been taken in the same burglary. The officers have legal grounds to seize ______.
a.
all the other firearms immediately
b.
only the shotguns described on the warrant
c.
the shotguns described on the warrant and may examine all the other firearms to determine if they are stolen
property
d.
the shotguns described on the warrant and the other firearms they recognize as stolen, but may not examine or
seize the other firearms
d
Executing Search Warrants
CPCJ.FERD.16.4.4
27. For police to legally search areas that are appurtenant (incident to, belonging to, or going with the residence listed on
the warrant):_____.
a.
the appurtenant areas must be explicitly stated in the language of the warrant
b.
the items that are the listed in the warrant must be capable of storage in the appurtenant areas
c.
the appurtenant areas must be in plain view
d.
the owner of the premises must consent tenant areas
b
Executing Search Warrants
CPCJ.FERD.16.4.4
28. Relating to arrest and search warrants, the doctrine of severability _____.
a.
enables total suppression of evidence in instances where a warrant is deficient
b.
allows co-defendants to be charges separately
c.
allows a defendant with multiple counts to be tried separately on each count
d.
allows problematic clauses of a warrant to be redacted while preserving the remaining clauses
d
Constitutionally Defective Warrants
CPCJ.FERD.16.4.6
29. In the Federal system, the codified procedures and rules relating to search and seizure are found _____.
a.
scattered throughout the codes of the U.S. code
b.
scattered throughout the various court cases related to criminal procedure
c.
in the Federal Rules of Criminal Procedure, Rule 41
d.
in the Federal Rules of Civil Procedure, Rule 21
Constitutionally Defective Warrants
CPCJ.FERD.16.4.6
30. To obtain a valid anticipatory search warrant, _____
a.
there must be a fair probability that specific contraband will be found if the triggering event occurs and a fair
probability that the triggering event will in fact occur
b.
the police must have corroborated information from at least two different informants
c.
police must have sufficient basis to believe that the evidence cannot be obtained any other way
d.
the police must have established reasonable suspicion
147
Applying for Search Warrants
CPCJ.FERD.16.4.3
31. The number of hours a search lasted is the major factor used to determine the reasonableness of the duration of a
search.
a.
True
b.
False
False
Constitutionally Defective Warrants
CPCJ.FERD.16.4.4
32. If a mistake is made in specifying the address on a search warrant, the warrant is automatically invalid.
a.
True
b.
False
False
Particularity Requirement
CPCJ.FERD.16.4.4
33. The Fourth Amendment sets probable cause as the minimum standard for issuing warrants.
a.
True
b.
False
True
Applying for Search Warrants
CPCJ.FERD.16.4.1
34. In the case of Franks v. Delaware, the Court determined that if a search warrant was issued based on some inadvertent
exaggeration by the applying officer of the factual basis for the warrant, the seized items must be suppressed as evidence.
a.
True
b.
False
False
CPCJ.FERD.16.4.5
35. The freshness of the information forming the basis for probable cause is more important in applications for search
warrants than for arrest warrants.
a.
True
b.
False
True
Applying for Search Warrants
CPCJ.FERD.16.4.2
36. A search warrant can become invalid because the probable cause upon which it is based has become stale.
a.
True
b.
False
True
Constitutionally Defective Warrants
CPCJ.FERD.16.4.4
37. In every jurisdiction, the judicial officers authorized to issue a search warrant are the same officers authorized to issue
an arrest warrant.
a.
True
b.
False
False
Applying for Search Warrants
CPCJ.FERD.16.4.2
38. A search warrant commands that the officer bring any seized property before the judicial authority named in the
warrant.
a.
True
b.
False
True
Applying for Search Warrants
CPCJ.FERD.16.4.2
39. If a portion of a warrant is deficient with respect to the probable cause and particularity requirements then the entire
warrant will be judged to be constitutionally invalid.
a.
True
b.
False
False
Constitutionally Defective Warrants
CPCJ.FERD.16.4.4
40. Officers must follow knock and announce requirements even if they believe no one is in the premises to be searched.
a.
True
b.
False
True
Executing Search Warrants
CPCJ.FERD.16.4.4
41. A ___________ is used to allow a criminal suspect to challenge the sufficiency of the information upon which an
affidavit supporting a warrant is based.
Constitutionally Defective Warrants
CPCJ.FERD.16.4.2
42. A(n) ___________ search warrant specifically authorizes officers to enter unoccupied premises, search for specified
evidence, and then leave—without seizing the evidence they find, and without leaving a trace that an entry has been made.
sneak and peak, sneak-and-peak
Executing Search Warrants
CPCJ.FERD.16.4.6
43. A(n) ___________ search allows items discovered during the execution of a covert entry warrant to be seized if there
is a “reasonable necessity for the seizure.”
44. Even though the search warrant on its face is still valid, the executing officer must nevertheless determine if the
probable cause has become ___________ before beginning the search.
45. A ___________ of property occurs when there is some meaningful interference with an individual’s possessory
interests in that property.
46. The person swearing-out an affidavit is referred to as the ___________.
47. A search warrant based on an affidavit showing probable cause that evidence of a certain crime will be located at a
specific place in the future is known as a(n) ___________ search warrant.
48. A(n) ___________ condition is a condition precedent, other than the passage of time, which will establish probable
cause to conduct a search and/or seizure.
49. To avoid the severity of total repression of evidence when a small mistake is made in a search warrant, the courts have
adopted partial suppression, better known as ___________ or severability.
50. Regardless of the justification for a delay, warrants must be executed before probable cause dissipates, a process
commonly referred to as going ___________.
51. Explain the difference between search warrants in colonial America and search warrants that are issued today.
52. Outline the process of applying for a search warrant. Include the considerations a law enforcement officer must be
aware of if (s)he is to be successful in obtaining a search warrant.
53. What is the purpose and rationale underlying the concept of an anticipatory search warrant?
54. Select an item within the room you are currently in. Write a description sufficient to satisfy the particularity
requirement of the Fourth Amendment.
55. What rule of law developed from the Segura case? What potential impact do you see for police officers? Explain your
reasoning.
56. What is “knock and announce”. Compare and contrast the advantages and disadvantages of such a rule.
57. Provides examples which illustrate circumstances in which law enforcement authorities may be legally authorized to
make a “sneak and peak” covert entry into private property. Explain the use of “sneak and peak” warrants by law
enforcement prior to the passing of the USA PATRIOT Act.
58. What is meant by the “curtilage” around a home? Briefly explain what is meant by appurtenant property.
59. What is the purpose and nature of Rule 41?
60. Provide examples that would illustrate a minimum of three different constitutional limits on the seizure of items found
in a search.