1. The Supreme Court ruled that unannounced cell searches or shakedowns did not require warrants, did not violate
inmates’ Fourth
Amendment
rights, and were justified by the need to maintain order in:
a. Morrissey v. Brewer b. Bell v. Wolfish
c. Gideon v. Wainwright d. Griffin v. Wisconsin
2. Searches with a warrant:
a. are presumed to be unreasonable.
b. must be executed within 36 hours to be valid
c. are presumed to be reasonable.
d. are unlimited in scope.
3. General searches are:
a. routinely done by police.
b. never constitutional.
c. permitted if authorized by a warrant.
d. permitted in cases where the suspect is found to be armed.
4. Which of the following would not be a legitimate factor contributing to the decision to frisk?
a. suspect who flees
b. suspicion a suspect possesses dangerous drugs
c. being in known high–crime area
d. suspect’s hand is concealed in pocket
5. Which of the following would be
considered
a violation of a subject’s
reasonable expectation
of privacy, requiring
a warrant?
a. Police put a “beeper” on a vehicle to monitor its location.
b. Undercover officer converses with suspects and uses information in court.
c. Taking photographs of curtilage from an aircraft.
d. Placing listening device in public telephone booth to monitor conversations.
6. Searches of vehicles incident to the arrest of an occupant area allowed only if the officer has a reasonable belief
that the arrestee can gain access to the vehicle or will be found in the vehicle.
a. contraband b. weapons
c. evidence of the crime of arrest d. evidence of any crime
7. For which of the following does Title III require a warrant?
a. Electronic surveillance (wiretap)
b. Recording phone conversations with consent of one of the two parties to the conversation.
c. Using a pen register to obtain the numbers dialed from a telephone.
d. Randomly intercepting cordless and cellular phone conversations.
8. A search can be incident to arrest only if it is substantially with the arrest and is confined to the
immediate vicinity of the arrest.
a. extemporaneous b. noncontemporary
c. contemporaneous d. asynchronous
9. Officers can conduct a limited protective search incident to in–house arrest that anyone dangerous is
hiding in the home.
a. without any suspicion b. with reasonable suspicion
c. with probable cause d. with specific, articulable facts
10. The Supreme Court reduced law
enforcement’s
authority to search the passenger
compartment
of a vehicle
incident to arrest in:
a. Arizona v. Gant b. Carroll v. United States
c. United States v. Simmons d. New York v. Belton
11. United States v. Warshak affirmed:
a. mobility produces exigent circumstances.
b. no expectation of privacy exists in peer–to-peer sharing services.
c. diminished expectation of privacy in a vehicle.
d. there is a reasonable expectation of privacy in e-mails.
12. Routine searches at our national borders require:
a. reasonable suspicion. b. consent.
c. probable cause. d. no justification.
13. Electronic surveillance:
a. is governed by the Fourth Amendment.
b. never requires a warrant.
c. produces no intrusion on one‘s reasonable expectations of privacy.
d. requires a warrant only when entry on premises is necessary to conduct the surveillance.
14. Which of the following would not constitute a lawful warrantless search?
a. dumpster–diving
b. looking at curtilage from the air
c. using a
thermal imaging
device to find a “grow” room
d. covert involuntary DNA sampling
15. When government agents are lawfully executing a warrant they:
a. must obtain another warrant if they find additional illegal items.
b. can seize any contraband, even if not specified in the warrant.
c. can continue searching the premises after what was specified in the warrant is found.
d. can take anything they want for any reason.
16. Which of the following is not one of the criteria that must be met for plain view?
a. The original intrusion is legal only because it is pursuant to a valid warrant.
b. The items are plainly observed while in the permissible scope of the original intrusion.
c. The original intrusion is legal because the officers are present legally.
d. The items are immediately recognizable as evidence or contraband.
17. Which of the following is not one of the fundamental constitutional rules that apply to Fourth Amendment cases?
a. There must be governmental action.
b. General searches are unlawful.
c. The person making the challenge must have a reasonable expectation of privacy.
d. There must be law enforcement action.
18. Relationships where third-party consent to search is allowed include all except:
a. parent/child. b. employer/employee.
c. landlord/tenant. d. host/guest.
19. To obtain an electronic surveillance warrant, or wiretap order, probable cause that a person is engaging in
particular communications must be established by the court and must have already been tried.
a. random interception of communications b. normal investigative procedures
c. an attempt to obtain oneparty’s consent d. a trap and trace device
20. When conducting inventory searches of a vehicle, it is important to have:
a. probable cause to trigger the automobile exception.
b. a standard operating procedure.
c. a warrant because the vehicle is no longer mobile.
d. a systematic method for conducting the search..
21. All searches must be:
a. with a warrant. b. with consent.
c. limited in scope. d. general in nature.
22. When a person is handcuffed after being arrested, officers may search:
a. only their person.
b. the area that has been under the immediate control of the suspect prior to being arrested.
c. only where the suspect could reach while handcuffed.
d. all areas where the suspect could have hidden evidence.
23. Which of the following have lower courts not yet recognized as analogous to plain view?
a. plain feel b. plain smell
c. plain hearing d. plain taste
24. In which of the following situations are school officials justified in searching without a warrant or probable cause if
they have reasonable suspicion to believe contraband exists?
a. University dorm rooms
b. Students and student lockers at public and private schools
c. Students and student lockers at public schools
d. Adult students
25. The Supreme Court has said that a Fourth Amendment is a governmental infringement of a legitimate
expectation of privacy.
a. search b. seizure
c. arrest d. investigative stop
26. The precedent case for searches incidental to a lawful arrest is:
a. Minnesota v. Dickerson. b. Terry v. Ohio.
c. New Jersey v. T.L.O. d. Chimel v. California.
27. Limited searches conducted in
accordance
with
constitutional
guidelines serve society’s needs while:
a. protecting the individual.
b. preserving the admissibility of any discovered evidence.
c. preventing improper conduct by overzealous law enforcement agents.
d. serving to protect against a successful appeal of a conviction.
28. The precedent for warrantless searches of vehicles came from:
a. Carroll v. United States. b. Chambers v. Maroney.
c. Robbins v. California. d. South Dakota v. Opperman.
29. The Fourth Amendment applies:
a. only to police investigating criminal activity.
b. only to state and federal law enforcement agencies.
c. to the actions of both public officials and private citizens.
d. to all government workers.
30. Exigent circumstances include all of the following, except:
a. driving while intoxicated.
b. a person fleeing upon seeing an officer approach.
c. rendering emergency aid.
d. danger of destruction of evidence.
31. Officers are required to inform people that they have the right to refuse consent to search.
a. True
b. False
32. For a search to have occurred, government agents must make physical entry into someone’s property.
a. True
b. False
33. When both occupants are present and one consents to a search and one objects, the consent “overrides” the
refusal and officers can legally search.
a. True
b. False
34. The maxim that it is unreasonable for officers to search for “an elephant in a matchbox” means the size of the
item(s) sought determines where officers may reasonably search.
a. True
b. False
35. A person’s reasonable expectation of privacy determines when Fourth Amendment protections apply.
a. True
b. False
36. If a warrant states that one specific item is sought, the search may still continue after it is found.
a. True
b. False
37. “Open fields” is a federal concept only; some states hold that “No
Trespassing”
signs establish a right of privacy
requiring a warrant.
a. True
b. False
38. Since they are not incarcerated, probationers and parolees enjoy the same Fourth Amendment rights as law–
abiding citizens.
a. True
b. False
39. Seizures of items from a suspect‘s body, such as hair samples, are typically allowed without a warrant incident to
arrest if painless reasonable procedures are used.
a. True
b. False
40. A person‘s refusal to give consent to search can be used to establish probable cause.
a. True
b. False
41. General searches are .
42. Courts typically justify the consent exception by two separate tests: the test and the
test.
43. includes anything that is illegal for people to own or have in their possession.
44. The area within a person‘s reach or immediate control is called the person‘s .
45. When officers arrest someone in a home, they are allowed to make a for their safety.
46. Vehicles may often be searched without a warrant because of their .
47. The doctrine allows officers who feel something that they immediately identify as contraband, it can
be lawfully seized based on probable cause.
48. Driving while intoxicated and hot pursuit situations are examples of .
49. The property around a home or dwelling directly associated with use of that property is called the .
50. After a person has property, he or she has no reasonable expectation of privacy relative to that
property.
51. Discuss at least five exceptions to the search warrant requirement.
52. List three fundamental constitutional rules for searches and discuss their importance.
53. Discuss the relationship between electronic surveillance and one‘s reasonable expectation of privacy.
54. Explain the justifications for the automobile exception to the requirement for a warrant.
55. Discuss what might constitute exigent circumstances. Give specific examples.
56. After 1967, Courts held that constitutional protections were implicated only when the government physically
intruded into persons, houses, papers or effects.
a. True
b. False
57. A reasonable expectation of privacy is an implied right that often falls within the penumbra of other specified
rights.
a. True
b. False
58. The Fourth Amendment analysis of when a search comes under Constitutional scrutiny has employed the trespass
and privacy doctrines.
a. True
b. False
59. Searches should be limited in scope, but general searches are constitutional and legal.
a. True
b. False
60. Police officers can compel a suspect who may have drugs in his home to wait outside the home while they get a
warrant.
a. True
b. False
61. Hudson v. Michigan held that a violation of the warrant knock-and–announce rule,
a. shifts the burden of proof to the district attorney at trial.
b. invokes the exclusionary rule.
c. requires the defense to stipulate to the evidence at trial.
d. does not automatically invoke the exclusionary rule.
62. A search with a warrant includes
a. limited authority to detain the occupants of the premises during the search.
b. the requirement to conduct the search within one hour.
c. the authority to arrest anyone who refuses consent.
d. the duty to ensure that the premises are left in the same condition they were found.
63. In Bailey v. United States, the Court ruled
a. every search warrant entitles police officers to arrest the occupants of the premises searched.
b. seizing someone out of the immediate vicinity of the location of the search warrant is unconstitutional.
c. officer safety entitles police to conduct a pat down frisk of any occupant in a premises being searched.
d. every search with a warrant must produce results.
64. Anything that is illegal for people to own or have in their possession is known as
a. contraband.
b. inadmissible.
c. de jure.
d. illicit.
65. Exceptions to the warrant requirement include
a. plain feel.
b. plain view.
c. open fields.
d. All of the above.
66. Consent to search can only be given by the person who has the right to object to the unreasonableness of the
search, because this person has legal .
67. If a third–party has common authority over the premises of items to be searched, this person can provide
government officials with valid .
68. If the police reasonably believe at the time of their entry that a third party possessed the authority to consent to the
search, any evidence secured during the search is at trial.
69. Courts generally justify the consent exception to the search warrant using the voluntariness and tests.
70. Items felt during a lawful stop and frisk may be retrieved if the officer reasonably believes the items are
and can instantly recognize them as such.
71. Using the three criteria for the plain view doctrine, provide one scenario involving illegal drugs in the trunk of a car
that properly utilizes this doctrine and one with similar facts that fails to meet the test.
72. The area within a person’s reach or immediate control is known as .
73. When a full body search is lawful, police might still be found to have gone too far. This area of law is still being
shaped. What limits do you think should be placed on these searches? Do you think your standard adequately
reflects the need for effective law enforcement to be balanced with individual rights? Explain.
74. Police officers can legally tell and impound vehicles for many reasons, including vehicles involved in accidents,
parked in a tow-away zone, or abandoned on the highway. When the police impound a vehicle for legitimate
reason, they may lawfully conduct an inventory search. Assume a police officer lacks probable cause but has a
“gut feeling” that a known malcontent from the community has marijuana in the trunk of his car. The police officer
follows the malcontent until she fails to stop completely at a stop sign. The police officer pulls over at the
malcontent and, after asking for license and registration, finds out (as she already suspected) that the malcontent
has a suspended license. The police officer arrests the malcontent and puts her in the backseat of her police car.
She then calls the local tow company to impound the vehicle for the owner’s safety. The police officer is then
happy to hear that during a normal inventory inspection of the vehicle, marijuana is found and she promptly
informs the district attorney’s office. If the police officer has done nothing that violates the law or the Fourth
Amendment, can you articulate an argument that challenges what the police officer did?
75. One of the exceptions to a search warrant is known as exigent circumstances. If police officers have established
probable cause that evidence is likely to be in a certain place and do not have time to get a search warrant, they
may conduct a warrantless search. This can include a reasonable belief that evidence will be removed or
destroyed if the officers wait for a warrant. Some courts are dubious of this exception since police officers can
frequently create the risk of destruction of evidence by their own behavior. Do you think there is a potential abuse
of this exception by the police? If so, how? If not, why not?