Question 1

In Wyoming v.Houghton, the court ruled that an officer may search the belongings of an automobile passenger simply because the officer suspects the driver has done something wrong.

Accepted Answer

This is known as the "automobile exception" to the Fourth Amendment's warrant requirement, which allows for a search of a vehicle without a warrant if there is probable cause to believe that the vehicle contains contraband or other illegal items. The court held that this exception applies to passengers' belongings as well, as they have a reduced expectation of privacy while in a vehicle.

Question 2

Officers may not seize contraband they discover during a legal search, but must ask consent.

Accepted Answer

This statement is false. Officers may seize any contraband they discover during a legal search, as long as it is within the scope of the search warrant or a valid exception to the warrant requirement. Consent is not necessary for the seizure of contraband discovered during a lawful search.

Question 3

When police take custody of a vehicle, the courts have upheld their right to inventory the vehicle to protect the
owner's property.

Accepted Answer

The courts have upheld that police have the right to inventory a vehicle when they take custody to protect the owner's property.

Question 4

The consent to search must be in response to an officer's claim of lawful authority or in response to a command or threat by an officer.

Accepted Answer

Consent to search must be voluntary and not the result of coercion, threats, or false claims of lawful authority by an officer. Consent given in response to a command or threat would not be considered voluntary.

Question 5

A lane search, or partitioning the area into lanes:
A)can be adapted to any number of police personnel.
B)is intended to be used only with one officer.
C)works well inside.
D)must always be used with a traffic director.

Accepted Answer

A lane search can be adapted to any number of police personnel, making it a flexible strategy for searching an area. It does not require a specific number of officers or a traffic director to be effective. It can also be used both indoors and outdoors.

Question 6

In Georgia v.Randolph (2006), the Supreme Court said, "If any party who is present and has authority to object to the search does object to the search, the police may not conduct the search on the authority of that party who gave consent."

Accepted Answer

This statement accurately represents the Supreme Court's ruling in Georgia v. Randolph, which established that if a co-occupant of a residence objects to a search, the police may not rely on the consent of another co-occupant to conduct the search.

Question 7

Every lawful arrest is accompanied by a search of the arrested person to protect the arresting officers and others and to prevent destruction of evidence.

Accepted Answer

This is known as a "search incident to arrest" and is considered lawful under the Fourth Amendment of the United States Constitution. The purpose is to ensure the safety of the arresting officer and to prevent the destruction of evidence. However, the scope of the search is limited to the area within the immediate control of the individual being arrested.

Question 8

In United States v.Leon, the Court established that illegally obtained evidence may be admissible if the police were truly not aware they were violating a suspect's Fourth Amendment rights.In this case, the police were following up on a tip from an unreliable informant, which later invalidated the warrant.This exception is called the:
A)sidewalk exception.
B)good-faith doctrine.
C)public safety exception.
D)just-in-time exception.

Accepted Answer

The exception established in United States v. Leon is called the good-faith doctrine, which allows illegally obtained evidence to be admissible in court if the police believed they were acting in good faith and were not aware they were violating a suspect's Fourth Amendment rights. The other options listed are not relevant to this exception.

Question 9

Plain-view evidence is admissible in court if the officer is engaged in lawful activity.

Accepted Answer

Plain-view evidence is admissible in court if the officer is engaged in lawful activity, and the incriminating nature of the evidence is immediately apparent. This is known as the "plain view doctrine." However, if the officer is trespassing or otherwise engaging in unlawful activity, any evidence discovered during that activity will not be admissible in court.

Question 10

Which of the following is a goal of a search during an investigation?
A)to locate victims
B)to ensure evidence is permissible
C)to identify who committed the crime
D)to punish the offender

Accepted Answer

The answer of Which of the following is a goal...

Question 11

During a stop of a moving vehicle, officers may search the vehicle and any closed containers in it without probable cause or consent.

Accepted Answer

Officers can only conduct a search without probable cause or consent if they have a valid reason to believe there is evidence of a crime or contraband in the vehicle, such as seeing illegal items in plain view or smelling drugs. Otherwise, a warrant or consent is required.

Question 12

A search with consent must be voluntary.

Accepted Answer

A search with consent must be given voluntarily, meaning that the person providing the consent does so freely and without coercion or pressure. If the consent is given under any type of duress or intimidation, it would not be considered valid.

Question 13

Property owners can consent to police entry or search even though a tenant has lawful right of possession of the premises.

Accepted Answer

A tenant with lawful possession generally has the right to deny entry or search by police, and a property owner's consent is not sufficient to override the tenant's rights.

Question 14

What do investigators need to search for in order to conduct an effective search?
A)physical evidence
B)the identity of the offender
C)the type of crime that was committed
D)the items being searched for

Accepted Answer

The answer of What do investigators need to search for...

Question 15

The search of a vehicle does not require probable cause because vehicles are mobile.

Accepted Answer

The search of a vehicle still requires probable cause, as protected by the Fourth Amendment. While the fact that vehicles can move may create exigent circumstances that allow for a warrantless search in certain situations, probable cause is still required.

Question 16

In California v.Greenwood, the Supreme Court ruled that:
A)searches of homes are illegal.
B)searches of cars are legal if part of an inventory.
C)the curtilage rule applies to all evidence.
D)containers left on public property are open to search by police without a warrant.

Accepted Answer

The Supreme Court ruled in California v. Greenwood that containers left on public property (such as trash cans on the curb) are not subject to a reasonable expectation of privacy and therefore can be searched by police without a warrant.

Question 17

Dogs can be trained to search for explosives.

Accepted Answer

Yes, dogs can be trained to sniff out explosives and are often used by law enforcement and military teams for this purpose.

Question 18

Officers may use thermal-scanning devices without a warrant.

Accepted Answer

The Supreme Court ruled in Kyllo v. United States (2001) that the use of thermal imaging technology to scan a home without a warrant constitutes a search under the Fourth Amendment, thus generally requiring a warrant.

Question 19

Under the consent once removed exception, officers cannot make a warrantless entry to arrest a suspect if consent to enter was given earlier to an undercover officer or informant.

Accepted Answer

The "consent once removed" exception allows officers to make a warrantless entry to arrest a suspect if consent to enter was initially given to an undercover officer or informant, who then informs the officers of the situation, effectively extending the consent to them.

Question 20

A search warrant can be issued to search for and seize property that indicates a crime has been committed.

Accepted Answer

A search warrant allows law enforcement officers to search for and seize property that they have probable cause to believe is evidence of a crime. This is an important tool in investigating and solving crimes. However, the warrant must be issued by a judge or magistrate, and it must specify the property to be searched and what crime is suspected.

Quiz 4: Searches