1. The essential ingredient for valid consent to search is _____.
a.
reasonableness
b.
reasonable suspicion
c.
probable cause
d.
voluntariness
d
Voluntariness of Consent: Examination of the Totality of the Circumstances
CPCJ.FERD.16.9.1
2. A police officer has reasonable suspicion to believe a man approaching his car is involved in criminal activity and is
armed. The officer draws his gun and has the man to stop about 15 feet from the man’s car. The officer conducts a quick
pat-down search of the man’s outer clothing and finds nothing. With his gun still out of its holster, the officer asks the
man for consent to search the car. The man consents. how will the court most likely deem the search?
a.
b.
c.
d.
Voluntariness of Consent: Examination of the Totality of the Circumstances
CPCJ.FERD.16.9.2
Bloom’s: Evaluate
3. What is the main advantage of a consent search for law enforcement personnel?
a.
it is more convenient than the warrant procedure.
b.
it is not as much probable cause than is required in other searches.
c.
it is easier to prove validity of consent than it is to prove other procedures.
d.
consent can be obtained from persons other than the suspect.
Voluntariness of Consent: Examination of the Totality of the Circumstances
CPCJ.FERD.16.9.1
4. A home-owner refuses to give consent for a search. In response, the officer states that he will be back with a warrant to
search within the hour, even though the officer has no probable cause to have a warrant issued. After hearing the
statement, the homeowner allowed police to enter and search. The officers found evidence of crime. It is most likely that
the evidence:
a.
will be judged inadmissible because the statement from the officer concerning the warrant was not true at the
time the statement was made.
b.
will be judged inadmissible because the officer violated the rights of the resident just by asking permission to
search.
c.
will be ruled admissible because the consent was not obtained through force or threat of force.
d.
will be ruled admissible because the officer had enough evidence establishing reasonable suspicion to obtain a
warrant.
Voluntariness of Consent: Examination of the Totality of the Circumstances
CPCJ.FERD.16.9.2
Bloom’s: Evaluate
5. An officer, gun drawn, pursues a suspect on foot and catches up to him just as he is about to enter his residence.
Following a pat down that revealed no weapons, the officer placed his firearm back in its holster then asked for and was
granted permission to enter the residence for the purpose of conducting a search of the home for weapons. The officer
discovered illegal weapons in the home. The search will most likely be:
a.
ruled legal and the gun evidence admitted into the record.
b.
ruled legal only if the offender is judged to have been under formal legal arrest at the time of consent.
c.
ruled illegal because the officer had no probable cause to enter and search.
d.
ruled illegal because during the initial detention of the suspect the officer had his gun firearm drawn.
Voluntariness of Consent: Examination of the Totality of the Circumstances
CPCJ.FERD.16.9.2
Bloom’s: Evaluate
6. When the prosecuting attorney attempts to introduce evidence obtained as a result of a consent to search into court
evidence, which of the following does the court require?
a.
the defense to prove beyond a reasonable doubt that the consent was involuntary.
b.
the defense to prove that there is probable cause to doubt that the consent was involuntary.
c.
the prosecutor to prove beyond a reasonable doubt that the consent was voluntary.
d.
the prosecutor to prove by a preponderance of the evidence that the consent was voluntary.
d
Voluntariness of Consent: Examination of the Totality of the Circumstances
CPCJ.FERD.16.9.2
Bloom’s: Evaluate
7. A police officer asks a woman who answered her door, “do you keep any weapons in the house?” The woman replied,
“yes” and proceeded to bring the weapons to the officer. The weapons were illegal and the officer used the weapons as
the basis for an arrest. Select the most accurate statement describing this incident.
a.
there was no search or seizure, therefore the evidence is admissible in court.
b.
there was no search or seizure, therefore the evidence is inadmissible in court.
c.
this is a seizure, but not a search and the evidence is admissible in court.
d.
the evidence will be inadmissible because there was no consent to search.
Voluntariness of Consent: Examination of the Totality of the Circumstances
Bloom’s: Evaluate
8. What test do courts use to determine voluntariness?
a.
prima facie
b.
Gates
c.
totality of circumstances
d.
good faith
Voluntariness of Consent: Examination of the Totality of the Circumstances
CPCJ.FERD.16.9.2
Bloom’s: Evaluate
9. Officers appear at a suspect’s home (without a warrant) where the suspect’s mother is the only resident present. The
police officers ask if she will let them search the house for stolen property. She asks if she has to allow it and the officers
answer in the affirmative. She consents. Select the appropriate description of the search.
a.
valid because she voluntarily consented.
b.
valid because she could have gotten a lawyer.
c.
invalid because the consent is deemed involuntary.
d.
invalid because the mother lacks authority to consent.
Scope of Consent
Bloom’s: Evaluate
10. Officers arrested Wright for robbery and took him to the police station, but Wright refused to discuss the robbery. The
next day, officers, without a search warrant, went to Wright’s residence where they falsely told Wright’s wife that he had
admitted the crime and had sent police for the “stuff.” The frightened and upset woman admitted the officers to the
apartment and led them to money taken in the robbery. How should the Court ‘hold’ the money?
a.
admissible because the wife voluntarily consented.
b.
admissible because the wife is a witness.
c.
inadmissible because the wife lacked authority to consent.
d.
inadmissible because the wife’s consent is deemed involuntary.
Voluntary Production of Evidence
Bloom’s: Evaluate
11. Officers arrested Wright for robbery and took him to the police station, but Wright refused to discuss the robbery. The
next day, without a search warrant, an undercover officer went to his house and falsely introduced himself to Wright’s
wife as her husband’s accomplice in the robbery and told her that he was there to collect his share. The woman admitted
the officer and went into the bedroom where she retrieved half the money and gave it to the officer. How should the Court
‘hold’ the money?
a.
the money is inadmissible because her consent was based on police deception.
b.
the money is inadmissible because the wife lacks authority to consent for her husband.
c.
the money is admissible because the wife’s consent is voluntary.
d.
the money is admissible because the police had probable cause to enter even without the consent of the wife.
Voluntary Production of Evidence
Bloom’s: Evaluate
12. When is consent will generally be held to be involuntary?
a.
the consenter is the subject of an investigative stop.
b.
the consenter is under arrest.
c.
the consenter is the subject of an illegal arrest.
d.
the consenter is the subject of a full search.
Voluntariness of Consent: The Schneckloth Case
Bloom’s: Evaluate
13. To establish that consent was valid, the prosecutor must show
a.
only that the consenter had authority.
b.
that the consenter had authority and gave consent voluntarily.
c.
that the consenter had authority, gave consent voluntarily, and was informed by police of his right to refuse
consent.
d.
that probable cause existed regardless of the consent.
b
Who May Give Consent?
Bloom’s: Evaluate
14. A suspect has been injured while resisting arrest. Select the best strategy below for officers to obtain a valid consent
from the suspect?
a.
Give him Miranda warnings.
b.
Remove any restraints.
c.
Just ask him, since the injuries were his fault and they have no bearing.
d.
Advise him he does not have to consent.
d
Voluntariness of Consent: Examination of the Totality of the Circumstances
Bloom’s: Evaluate
15. The police respond to a disorderly conduct call. Upon arriving at the residence, the owner invited the police into the
residence. Given the circumstance, select the true statement.
a.
The officer(s) is/are free to enter the residence, but cannot search or seize items under any circumstances.
b.
The officer(s) is/are free to enter the residence and can seize items in plain view, but cannot search for items.
c.
The officer(s) cannot enter the residence.
d.
The officer(s) can enter the residence and can search the room they enter into, but no other rooms in the house.
b
Voluntariness of Consent: Examination of the Totality of the Circumstances
16. An officer is granted authority by the occupant to search an apartment unit. The occupant informed the officer that
she doesn’t own certain boxes and luggage lined up against the wall. Given the circumstance, select the true statement.
a.
The police cannot search the boxes or luggage because they are not considered part of the residence.
b.
The police are free to search anything in the apartment because consent to a general search cannot be
rescinded.
c.
The police cannot search the luggage or boxes because there has been an implied limitation placed on the
scope of the consensual search.
d.
The police can search the luggage or boxes because the occupant didn’t explicitly inform the police that (s)he
was placing a limitation on the scope of the search.
Scope of Consent
CPCJ.FERD.16.9.5
Bloom’s: Evaluate
17. The rule of law from Schneckloth v. Bustamonte (1973) is that knowledge of the right to refuse consent is _________.
a.
essential to voluntary consent to search.
b.
the most important factor in voluntariness of consent.
c.
only one factor in voluntariness of consent.
d.
unimportant in voluntariness of consent.
Voluntariness of Consent: The Schneckloth Case
CPCJ.FERD.16.9.2
Bloom’s: Evaluate
18. Which of the following statements is true?
a.
In some situations consent obtained through threat of force may be deemed voluntarily given.
b.
Police do not need to first tell a person that they are “free to go” before a consent can be deemed voluntarily
given.
c.
Voluntary consent to search must be given orally.
d.
Voluntariness of consent is not affected by the physical, mental, or emotional condition and the intelligence or
educational level of the person giving consent.
Voluntariness of Consent: Examination of the Totality of the Circumstances
CPCJ.FERD.16.9.2
Bloom’s: Evaluate
19. The officer tells a driver, stopped for a lawful traffic violation, that if he wants to he can attempt to repair a brake light
to avoid a ticket. The driver opens the trunk and attempts a quick repair but in so doing exposes an illegal weapon in the
trunk. The officer seizes the weapon and arrests the driver. At the suppression hearing, how is the court likely to ‘hold’ the
search?
a.
invalid because the driver failed to give affirmative consent to opening the trunk.
b.
invalid because the officer failed to warn the driver that he did not have to open the trunk.
c.
valid because the driver’s actions indicate voluntariness.
d.
valid because the driver was not under arrest.
Scope of Consent
CPCJ.FERD.16.9.3
20. Which of the following suspects, who have given consent, would have the greatest difficulty in establishing that his
consent was involuntary?
a.
A 16 year old who has dropped out of school
b.
A high school dropout who was intoxicated at the time of the consent
c.
An injured driver who was medicated in the emergency room at the time of the consent
d.
A college student who has taken a course in the law of criminal procedure.
d
Individual Factors and Personal Characteristics
CPCJ.FERD.16.9.2
Bloom’s: Evaluate
21. An officer receives permission from the resident of an apartment to “walk around”. This permission allows the officer
to:
a.
search anyone found on the premises.
b.
search the home owner.
c.
seize items in the plain view of the officer.
d.
seize property owned by others but stored on the premises.
Voluntary Production of Evidence
Bloom’s: Analyze
22. An officer responds to a domestic disturbance call at a residence where college students are throwing a party and is
granted permission to enter and “walk around”. Given the circumstance, select the true statement.
a.
The officer may legally walk into rooms, open closet doors, open containers, and desk drawers.
b.
The renter of the residence can have the officer stop walking around and leave at any point by stating “I don’t
know if I should have agreed to allow this”.
c.
The renter of the residence can have the officer stop walking around and leave at any point by stating “I would
like for you to leave now”.
d.
The officer may legally walk into rooms, open closet doors, open containers, and desk drawers, but may not
enter the basement or attic areas to search.
Individual Factors and Personal Characteristics
Bloom’s: Analyze
23. Officers have stopped a motorist and recognize him from a previous drug arrest. They ask and he consents to a search
of the car. Just as an officer is about to reach under the passenger seat the suspect says, “Stop. I’ve changed my mind. No
more search.” Given the circumstance, what legal course of action do the officers’ have?
a.
now have probable cause and may continue the search.
b.
must stop the search and let the driver go but may impound the car.
c.
may arrest the driver and justify the search under Belton.
d.
must stop the search and not use the withdrawal of consent as an excuse to detain him further.
Voluntariness of Consent: Examination of the Totality of the Circumstances
Bloom’s: Evaluate
24. Who is the only person able to give a valid consent to search?
a.
the person who is being accused of the crime.
b.
the person who owns the property to be searched.
c.
the person whose privacy will be invaded.
d.
the person whose property is involved.
Who May Give Consent?
Bloom’s: Analyze
25. Officers knock on a door of an apartment being rented by a male suspect. A female opens the door and the officers ask
her if the suspect is home. She says “Not right now,” but the officers don’t believe her and want permission to enter and
look for themselves. They have no warrant or other justification. What should the officer’s do first?
a.
ask her if she will consent to their search.
b.
ask her if she lives there.
c.
ask her to step out of the apartment, since there might be trouble.
d.
ask her when he will return, since she can’t give permission.
Who May Give Consent?
Bloom’s: Analyze
26. Officers knock on an apartment door looking for a male suspect. A female opens the door and the officers learn from
her that the suspect is not present and that she is his live-in girlfriend. The officers want valid consent to search. What
legal options do the officers’ have?
a.
they must wait till the suspect returns and ask him.
b.
they may obtain consent from the girl only if she pays at least part of the rent.
c.
they may, without further inquiry, obtain consent from the girl.
d.
they may ask the apartment manager.
Who May Give Consent?
Bloom’s: Analyze
27. A high school principal summons the police to be present when the locker of one of the students is opened. The
student was suspended for stealing from other students and the principal wants to see if there is any stolen property in the
locker. How should the officer advise the principal?
a.
to get permission from the student before opening it.
b.
to get consent from the student’s parent’s.
c.
to open the locker immediately, because no consent is needed.
d.
to open the locker only if the principal has probable cause.
Who May Give Consent?
Bloom’s: Analyze
28. Campus police at a state college have facts leading them to believe that a college student has marijuana in her shared
dorm room. They want to search her room without a warrant. What legal options do the officers’ have?
a.
they may search it with permission of the president.
b.
they may search all areas of the room with permission of her roommate.
c.
they may search it without anyone’s permission.
d.
they must obtain the suspect’s permission.
Who May Give Consent?
Bloom’s: Analyze
29. The police arrive at the residence of two roommates. The police do not have a warrant, nor do they have probable
cause. One roommate gives consent to enter and search, but the other roommate does not consent, and in fact, tells the
police that they may not enter the residence. What legal options do the officers’ have?
a.
they can enter the residence and search all areas where firearms and drugs may be stored.
b.
they can enter the residence and search only Joe’s living quarters and common areas in which firearms and
drugs may be stored.
c.
they can enter the residence and seize only items in plain view, but may not search.
d.
they cannot enter the residence to search.
d
Who May Give Consent?
CPCJ.FERD.16.9.4
Bloom’s: Analyze
30. A landlord has _______________ to consent to a search of a tenant’s premises or a seizure of the tenant’s property
during the period of the tenancy.
a.
no implied actual or apparent authority
b.
implied actual, but not implied apparent authority
c.
implied apparent, but not implied actual authority
d.
both implied actual and apparent authority
Who May Give Consent?
CPCJ.FERD.16.9.4
Bloom’s: Analyze
31. Without a signed consent form, the validity of the search is easily challenged.
a.
True
b.
False
True
Voluntariness of Consent: The Schneckloth Case
CPCJ.FERD.16.9.1
32. In a consent search situation, the citizen consenting can tell the police not to go into a certain room, and the police
must comply.
a.
True
b.
False
True
Scope of Consent
CPCJ.FERD.16.9.4
Bloom’s: Analyze
33. If a motorist is too intoxicated to drive, they are automatically too intoxicated to give valid consent.
a.
True
b.
False
False
Individual Factors and Personal Characteristics
CPCJ.FERD.16.9.2
Bloom’s: Evaluate
34. An employer may consent to a search of any part of the employer’s premises over which the employer has exclusive
control, but may not consent to a search of an area that the employer has joint authority and control together with a
particular employee.
a.
True
b.
False
False
Who May Give Consent?
CPCJ.FERD.16.9.4
Bloom’s: Analyze
35. Consent to look around in the trunk of the car for stolen coins amounts to consent to search any containers in the trunk
as well.
a.
True
b.
False
True
Scope of Consent
CPCJ.FERD.16.9.4
Bloom’s: Analyze
36. A person voluntarily consenting to a search may later contest the search on constitutional grounds, even though
consent was given.
a.
True
b.
False
False
Voluntariness of Consent: The Schneckloth Case
CPCJ.FERD.16.9.2
Bloom’s: Evaluate
37. Consent given based on a false belief that an officer has a right to search is still considered voluntary consent.
a.
True
b.
False
False
Voluntariness of Consent: Examination of the Totality of the Circumstances
CPCJ.FERD.16.9.2
Bloom’s: Evaluate
38. Evasive or uncooperative conduct on the part of the person in custody is considered to indicate that the consent is not
voluntary.
a.
True
b.
False
True
Individual Factors and Personal Characteristics
CPCJ.FERD.16.9.2
Bloom’s: Evaluate
39. A person may specifically authorize another individual to consent to a search of the person’s property.
a.
True
b.
False
True
Who May Give Consent?
CPCJ.FERD.16.9.5
40. The prosecutor attempting to introduce into court evidence obtained as a result of a consent search must show beyond
a reasonable doubt that the consent was voluntary.
a.
True
b.
False
False
Voluntary Production of Evidence
CPCJ.FERD.16.9.2
Bloom’s: Evaluate
41. Courts use the __________ test to determine voluntariness.
Voluntariness of Consent: Examination of the Totality of the Circumstances
CPCJ.FERD.16.9.2
42. If police state truthfully that they will obtain a warrant if consent is withheld, the consent is considered _________.
Voluntariness of Consent: The Schneckloth Case
CPCJ.FERD.16.9.2
43. If police state that they will obtain a warrant if consent is withheld and they know they have insufficient grounds to
obtain the warrant, the consent will be considered __________.
involuntary
CPCJ.FERD.16.9.2
Bloom’s: Evaluate
44. The authority that justifies third-party consent to search based on mutual use of the property by those who have joint
access or control for most purposes is called __________.
CPCJ.FERD.16.9.5
45. The person giving the authority to search is called the _______; the person acting for the _______ is called his or her
________.
46. A person’s consent to an officer’s request to enter his or her residence __________ grant the officer a right to search.
47. In the __________ ruling, the U.S. Supreme Court adopted the view in which knowledge of the right to refuse consent
constitutes one factor among others in the overall determination of voluntary consent.
48. A person with __________ over property has the legal capacity to grant consent to search the property over which
they have access or control.
49. A __________ is a person in possession of someone else’s personal property with the lawful permission of the rightful
owner.
50. A person giving police the authority to search by consenting to the request to search may limit the scope of the search
to particular areas or items. When the citizen consents to a search in this way it is called a __________ grant of consent.
51. What are the benefits of a consent search to the law enforcement officer? The person being searched?
52. Describe the required circumstances that must be present in determining whether or not a consent search is truly
voluntary?
53. What is meant by “common authority.” Provide examples.
Answers will vary.
Bloom’s: Evaluate
54. Summarize the Schneckloth rule concerning voluntary consent searches.
Answers will vary.
Bloom’s: Evaluate
55. Can a person who is intoxicated give consent to search his/her property? Why or why or why not?
Answers will vary.
Bloom’s: Evaluate
56. Explain the limitations on consent to search that pertain to the expressed object of the search.
Scope of Consent
Bloom’s: Analyze
57. Provide at least two situations where a third-party may give consent to search property even though they are not the
person against whose interest the search is being conducted.
Answers will vary.
58. Compare and contrast the authority of parents to grant consent to search their child’s property and a child’s authority
to grant consent to search a parent’s residence.
Who May Give Consent?
59. Under what circumstances can a hotel manager give consent to search a room occupied by a guest or previously
occupied by a guest? Illustrate by example.
Answers will vary.
Bloom’s: Evaluate
60. Define what is meant by a “bailee” and when he/she may be able to give legal consent for a search of property.