Deck 6: Search and Seizure With a Warrant
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Deck 6: Search and Seizure With a Warrant
1
The Fourth Amendment states that no warrants shall be issued without ______________.
A) reasonable suspicion
B) a defense attorney present
C) probable cause
D) a prior arrest
A) reasonable suspicion
B) a defense attorney present
C) probable cause
D) a prior arrest
C
2
The Fourth Amendment states that a warrant is invalid unless ________________.
A) it is supported by oath or affirmation
B) it describes the particular place to be searched
C) it describes the particular items to be seized
D) all of the above
A) it is supported by oath or affirmation
B) it describes the particular place to be searched
C) it describes the particular items to be seized
D) all of the above
D
3
Probable cause is __________________ than the standard of beyond a reasonable doubt.
A) less rigorous
B) equally as rigorous
C) more rigorous
D) less relevant
A) less rigorous
B) equally as rigorous
C) more rigorous
D) less relevant
A
4
When securing a search warrant, a _________________ determines whether probable cause has been satisfied.
A) supervising police officer
B) prosecuting attorney
C) neutral judicial officer
D) a or b
A) supervising police officer
B) prosecuting attorney
C) neutral judicial officer
D) a or b
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5
Probable cause can be satisfied by _______________.
A) independent officer investigation
B) an uncorroborated anonymous tip
C) an illegal seizure or search
D) both b and c
A) independent officer investigation
B) an uncorroborated anonymous tip
C) an illegal seizure or search
D) both b and c
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6
An officer wants to search a residence for narcotics. A search warrant must specifically identify ____________ as the target of the search.
A) any evidence of any crime
B) any evidence of any drug crime
C) narcotics
D) any illegal substance
A) any evidence of any crime
B) any evidence of any drug crime
C) narcotics
D) any illegal substance
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7
An officer wants to search an apartment for evidence of a shooting. A search must identify __________________ as the target of the search.
A) the apartment
B) any residence of the suspect involved in the shooting
C) any apartment in the entire apartment complex
D) any building near the shooting
A) the apartment
B) any residence of the suspect involved in the shooting
C) any apartment in the entire apartment complex
D) any building near the shooting
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8
_______________ is something that is related to the case but is not by itself the object of a crime.
A) Mere evidence
B) Related evidence
C) Probable evidence
D) Pertinent evidence
A) Mere evidence
B) Related evidence
C) Probable evidence
D) Pertinent evidence
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9
A search warrant identifies all officers of the state of Kentucky as the officers that must execute the warrant. Therefore, ________________ can execute the warrant.
A) the state police of Kentucky
B) the police of Louisville, Kentucky
C) Tennessee police officers
D) both a and b
A) the state police of Kentucky
B) the police of Louisville, Kentucky
C) Tennessee police officers
D) both a and b
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10
A warrant states that the officer must execute the warrant in a reasonable amount of time. The officers have _____________ to complete the warrant.
A) 24 hours
B) 48 hours
C) seven days
D) there is no exact time period identified
A) 24 hours
B) 48 hours
C) seven days
D) there is no exact time period identified
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11
The ______________ states that police cannot automatically use force to execute a search warrant.
A) preliminary justification rule
B) Eighth Amendment
C) knock-and-announce rule
D) Fifth Amendment
A) preliminary justification rule
B) Eighth Amendment
C) knock-and-announce rule
D) Fifth Amendment
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12
An officer is executing a search warrant. The officer announces his presence and intent to execute the warrant. The individual will not open the door. The officer should ______________.
A) leave and come back later
B) forcibly open the door
C) inform a judge
D) try calling the individual on a cellphone
A) leave and come back later
B) forcibly open the door
C) inform a judge
D) try calling the individual on a cellphone
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13
Officers are executing a search warrant to find an illegal handgun. The officers gain entry to the identified residence. During the search, they find two individuals in the residence. The officers ______________.
A) cannot search the individuals
B) can search the individuals
C) can search the residence
D) both b and c
A) cannot search the individuals
B) can search the individuals
C) can search the residence
D) both b and c
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14
Officers are executing a search warrant on an apartment. The officers spot an individual walking one block away from the apartment. The individual is not named in the warrant, and the individual did not leave the apartment. The officers _________________.
A) cannot search the individual
B) can search the individual
C) can search the individual's personal belongings
D) both b and c
A) cannot search the individual
B) can search the individual
C) can search the individual's personal belongings
D) both b and c
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15
After an officer executes a warrant, the officer must ______________.
A) dispose of the warrant
B) give the warrant to the suspect or offender
C) return the warrant to the court
D) give the warrant to the attorney general
A) dispose of the warrant
B) give the warrant to the suspect or offender
C) return the warrant to the court
D) give the warrant to the attorney general
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16
The Fourth Amendment states that a search warrant shall only be issued upon the grounds of reasonable suspicion.
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17
Probable cause cannot be satisfied by an uncorroborated anonymous tip.
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18
The U.S. Supreme Court has stated that search warrants must be justified beyond a reasonable doubt.
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19
An officer lies or provides false evidence in order to secure an arrest warrant. That officer cannot be held civilly liable for executing that warrant.
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20
An officer illegally discovers evidence, but another officer then discovers that evidence at a later time through legal means. That evidence will be allowed at trail under the "independent source" doctrine.
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21
The Courts have stated that the Fourth Amendment permits a blanket exception to the knock-and-announce requirement for felony drug investigations.
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22
A prosecuting attorney can issue a search warrant.
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23
Any officer can execute any search warrant, regardless of jurisdictional considerations.
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24
Search warrants must be executed in a reasonable amount of time.
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25
An officer is limited in the amount of force that he or she can use while executing a search warrant.
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26
An officer is executing a search warrant. That officer must knock on the door to the residence and announce his or her presence before entering the residence (unless there are specific exigent circumstances).
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27
The U.S. Supreme Court has stated that an officer must announce his or her intent to execute an arrest warrant. The Court further held that an officer must wait ten minutes for an individual to respond before using force to gain access to an area.
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28
While executing a search warrant, an officer can search any person that is around the area being searched, regardless of the proximity of that person to the area.
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29
An officer enters into a house to execute a search warrant. Three individuals are in the house. The officer searches the three individuals to ensure that they are unarmed. The officer finds a handgun. That evidence will be admitted at trial.
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30
A search warrant identifies the individual to be targeted. The search warrant then permits the officers to search for any item that they wish to find. Further, the warrant allows the officers to search any building that the officers wish to search. This warrant is constitutional, valid, and legal.
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