Which of the following is true about police inventory of a vehicle?
a. Police are not permitted to search for evidence of crime.
b. Police may not seize contraband or other items that they observe open to view.
c. Police need probable cause to inventory a vehicle.
d. Inventories are governed by principles that relate to search procedurespermitted by
the U.S. Supreme Court.
The leading case on corroboration of information provided by an informant is _____.
a. Dawson v. State (1971)
b. Spinelli v. United States (1969)
c. Aguilar v. Texas (1964)
d. Illinois v. Gates (1983)
What is the primary difference between the abandonment doctrine and the plain view
doctrine?
a. The plain view doctrine is dictated by the nature of the item under consideration,
whereas abandonment concerns the location of the item.
b. Plain view applies to police officer retrieval of an object, whereas the abandonment
doctrine applies broadly to all citizens who retrieve an object.
c. Plain view applies only to vehicular searches, whereas the abandonment doctrine
applies to homes and public places.
d. Under plain view, the location of the item is protected; whereas under the
abandonment doctrine, the location is not protected.
The concepts of due process and equal protection are the same.
a. True
b. False
Officers must follow knock and announce requirements even if they believe no one is in
the premises to be searched.
a. True
b. False
If a law enforcement officer, acting lawfully, seizes objects that have been voluntarily
discarded on the street, in a public park, or in some other location not protected by the
Fourth Amendment, the seizure is legal under the plain view doctrine.
a. True
b. False
Which of the following is not a reason for allowing an inventory of an impounded
vehicle?
a. To protect the owner’s property while it is in police custody
b. To protect the police from potential danger
c. To search for incriminating evidence
d. To protect the police against claims or disputes over lost, stolen, or vandalized
property
The term confrontation does not include presentation of photos of suspects to victims.
a. True
b. False
Reasons the U.S. Supreme Court put into effect the totality of the circumstances test for
assessing informant information based on the Illinois v. Gates (1983) decision include
_____.
a. the Aguilar-Spinelli criteria were so flexible as to be nonsensical
b. the fluidity of the concept of probable cause
c. Aguilar-Spinelli made it too easy to obtain a search warrant
d. the need decision factors that could be used is all cases
Under the _____ exception, an employee or agent of a communications service entity
may intercept and disclose communications to protect the rights or property of the
provider as part of the ordinary course of business.
a. computer trespasser
b. public access
c. provider
d. exigent circumstances
In which situation would the suspect be considered “in custody” for Miranda warning
purposes?
a. while being questioned during an investigatory stop
b. while being transported to the police station in a patrol car subsequent to an arrest
c. while being questioned in jail by a police undercover agent posing as an inmate
d. while being questioned during an investigatory stop and frisk
The _____ Amendment has been used to make many of the provisions of the Bill of
Rights applicable to the states.
a. Fourteenth
b. Thirteenth
c. Fifth
d. Fourth
Who determines the composition of the Foreign Intelligence Surveillance Court
(FISC)?
a. the Associate Justices of the U.S. Supreme Court.
b. the Speaker of the House.
c. the Attorney General of the U.S.
d. the Chief Justice of the U.S. Supreme Court.
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
In response to the terrorist attacks on September 11, 2001, cities across the United
States took steps to increase security to protect buses, trains, ferries, and other forms of
public transportation from terrorist attack. To date, the courts _____.
a. have been antagonistic toward these measures
b. have been supportive of these measures
c. have refused to review appeals from these cases
d. have not been asked to address this issue
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
Key to the reasoning in Vernonia, which examined drug testing for student athletes in
high school, was that _____.
a. participation in extracurricular activities like school sports is an essential component
of education
b. the already diminished expectation of privacy in the school setting was even lower
for student athletes
c. professional athletes are also required to take random drug tests, establishing a
precedent
d. the courts have already held that suspicionless drug testing passes muster for public
school students in general
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.
Law enforcement agents of the Drug Enforcement Agency flying over a large forest
observe a cultivated patch in the forest. Suspecting that it is a marijuana field, they land
and approach on foot where they verify that it is marijuana and arrest a person working
in the field. Their observations from the plane _____.
a. do not violate the Fourth Amendment because they had a right to fly there
b. do not fall within plain view because the nature of the plants was not immediately
apparent
c. fall within plain view because they did not seize the marijuana until after making an
arrest
d. do not fall within plain view because they invaded the suspect’s privacy
In a criminal prosecution the accused has a Sixth Amendment right to _____.
a. assistance of counsel at all times
b. silence at all times
c. assistance of counsel at all critical stages
d. due process of law
The scope of the automobile exception may include a police search of the trunk of an
automobile recently occupied by the arrestee.
a. True
b. False
Following a traffic stop, an officer has probable cause to arrest an occupant of a motor
vehicle, but does not have probable cause to believe that evidence of the crime will be
found in the vehicle. The officer places handcuffs on the person and places the
individual in the back seat of the police vehicle. Given this scenario, how may the
officer legally proceed?
a. The officer may immediately search the arrestee and can have the vehicle towed and
an inventory of the vehicle conducted.
b. The officer may immediately search the arrestee and the vehicle.
c. The officer may not conduct any search of the arrestee or the vehicle.
d. The officer can conduct a search of the arrestee, but can only search or inventory the
vehicle after obtaining a warrant.
Curtilage nearly always includes _____.
a. the open fields if not posted
b. commercial premises
c. the backyard of a house
d. the sidewalk in front of a house
Whether a piece of land or a building falls within the curtilage is determined by
considering four factors. Which of the following is not among these factors?
a. the steps taken by the resident to protect the area from observation by passersby
b. the inclusion of the area within an enclosure surrounding the home
c. the official property lines of the curtilage
d. the proximity to the home of the area claimed to be curtilage
Following the Harmelin v. Michigan (1991) decision, the Eighth Amendment
proportionality clause was _____.
a. removed
b. found to be broadly applicable
c. found to prevent only grossly disproportionate sentences
d. restricted to length of sentence and criminal fine issues
In Neil v. Biggers, the Supreme Court listed five factors to be considered in evaluating
the likelihood of misidentification. Which of the following is not one of the five?
a. accuracy of the witness’s prior description of the criminal
b. length of time between the crime and the confrontation
c. witness’s degree of attention
d. time of day the crime occurred
Determining the reasonableness of any search involves determining whether _____.
a. the action was justified at its inception
b. the warrant was valid on its face
c. the person was cooperative during the interference
d. a physical arrest was made in the process
The determination of the reasonableness of stops and frisks involves balancing a
person’s right to privacy and right to be free from unreasonable searches and seizures
against _____.
a. governmental interests.
b. government interests, crime prevention/detection.
c. safety of law enforcement officers and crime prevention/detection.
d. governmental interests, crime prevention/detection, and safety of law enforcement
officers.
Modern definitions of the crime of resisting arrest usually requires which of the
following?
a. shooting, striking, pushing, or some other form of active opposition.
b. only lack of cooperation by the suspect.
c. a substantial risk to the safety of someone other than the arresting officer.
d. testimony of at least one non law enforcement witness.
A garage used in connection with a multiunit dwelling is considered to be outside the
curtilage.
a. True
b. False
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.
An indicted suspect and his attorney are seated in an interrogation room at the police
station. Without informing the suspect or attorney, the police allow a witness to observe
them through a window in the room’s wall to determine if the victim can identify
anyone in the room as the perpetrator. How is such a situation likely to be viewed by
the courts?
a. This procedure is recommended.
b. This procedure is a violation of the defendant’s rights.
c. This procedure is not recommended but is lawful.
d. The choice to use this procedure is up to the victim.
Title III of the Wiretap Act does not cover video surveillance using video cameras that
record only images and not aural communications.
a. True
b. False
The absence of _____ was a substantial impediment to the ratification of the
Constitution.
a. a separation clause
b. an entitlement statement
c. tort legislation
d. a Bill of Rights
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.
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.
Answer:Answers will vary.
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.
__________ is the foundational U.S. Supreme Court case addressing abandoned
property.
The voluntary and intentional relinquishment or abandonment of a known right or
privilege is known as a(n) __________.
An affidavit can be described as a ______________.
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.”
Name some of the justifications given by the courts as to when a law enforcement
officer can frisk a person.
Answer:answers will vary
In the context of the Fourth Amendment, explain the differences between students who
participate in extracurricular activities and those who do not participate in such
activities.
Answer:Answers will vary.
Perception and memory function optimally when there is only a moderate amount of
stress, a principle referred to as the __________ law.
Name and describe the three common post-trial motions that are often made by the
defense following a conviction.
Answer:Answers will vary.
In appellate review of the decisions of courts of original jurisdiction, the __________
standard of review grants no deference to the lower court.
The case of Dalia v. United States ruled that a judicial order to place an eavesdropping
device by law enforcement in a business or residence need not have a separate order
specifically authorizing the __________ entry to install the device.
Name the three requirements that officers must satisfy in order to justify a seizure of
evidence under the plain view doctrine.
Answer:Answers will vary.
Define the term “reasonableness” as it relates to the Fourth Amendment inquiry.
Explain the standards used to assess reasonableness.
Answer:Answers will vary.
Courts use the __________ test to determine voluntariness.
Why are exceptions to the warrant requirement sometimes allowed? Do you feel
exceptions should be permitted? Explain your reasoning.
Answer:Answers will vary.
A(n) __________ is a court order demanding someone to appear in court to respond to
charges.