Test Bank Docx Ch6 Exceptions to the Warrant Requirement

CHAPTER 6 TEST BANK

MULTIPLE CHOICE

1. The armspan rule limits a search

a. in an automobile.

b. incident to an arrest.

c. to the area within a person’s immediate control.

d. in plain view.

2. In which of the following situations would a police officer not need a search warrant to conduct a search?

a. A police officer pulls a car over and discovers the driver is drunk.

b. A police officer pulls a car over for speeding.

c. A police officer pulls a car over and notices a bag of marijuana in the passenger seat.

d. A police officer pulls a car over believing a kidnapped child might be inside the automobile.

3. Which of the following cases developed the armspan rule?

a. Knowles v. Iowa

b. Chimel v. California

c. Draper v. United States

d. Rawlings v. Kentucky

4. The automobile exception to the warrant clause was developed in

a. Mapp v. Ohio.

b. Carroll v. United States.

c. Sibron v. New York.

d. New York v. Quarles.

5. Plain view

a. applies in any situation where evidence can be seen without having to search for it.

b. applies if the police have lawful access to the object to be seized.

c. was abandoned by the Supreme Court.

d. applies when the police see an item through a window of a home even if the police have no reason to be on the property.

6. In Terry v. Ohio, the Court

a. allowed searches without warrants.

b. allowed patdowns based on probable cause.

c. allowed patdowns based on reasonable suspicion.

d. upheld temporary detentions at the stationhouse.

7. If police officers conduct a stop, they may

a. frisk immediately.

b. frisk after establishing probable cause.

c. frisk if they establish reasonable suspicion.

d. hold the suspect until a warrant is obtained.

8. A detention’s reasonableness is

a. based on time.

b. determined by the officer conducting the detention.

c. limited to fifteen minutes.

d. based on common sense and ordinary human experience.

9. For the police to bring a suspect to the stationhouse for detention, the police must

a. have a warrant.

b. have probable cause.

c. have reasonable suspicion.

d. think the suspect is guilty.

10. An inspection is valid without a warrant

a. if there is probable cause established.

b. if the benefits of the inspection outweigh the costs of inconveniencing certain segments of the population.

c. if the officer has reasonable suspicion.

d. never.

11. Border checkpoints are justified

a. never.

b. netween states.

c. in the interest of national security.

d. in exigent circumstances.

12. Persons can be detained for

a. determining if they have a valid driver’s license.

b. any reason.

c. having an out-of-state license plate.

d. driving a suspicious-looking vehicle.

13. The Supreme Court ruled that requiring school officials to obtain a warrant before conducting searches of students

a. is appropriate.

b. would interfere with the maintenance of the swift and informal disciplinary procedures needed in the schools.

c. is necessary to search a child’s purse.

d. is only applicable when going into a locker.

14. Employers can require employees to submit to drug testing

a. as a term of their employment.

b. only if they handle heavy machinery.

c. only if they work with children.

d. none of the above

15. Schoolchildren can be drug tested

a. any time.

b. if they are under sixteen.

c. if they are in an extracurricular activity.

d. if they get low grades.

16. Griffin v. Wisconsin

a. ruled that probationers can be searched only when probable cause exists.

b. held that evidence seized by a parole officer as a result of an illegal search need not be excluded at a parole revocation hearing.

c. upheld a probation rule permitting probation officers to search a probationer’s home without a warrant.

d. allowed probation officers to require probationers to submit to drug testing.

17. For a consent search to be valid,

a. a warrant must be obtained.

b. it must be voluntary.

c. iIt must occur in an automobile.

d. probable cause must be established.

18. A third party can consent to a search

a. any time.

b. if he or she lives in the house.

c. if he or she possesses common authority over the area searched and if the nonconsenting party is not present.

d. if the nonconsenting party is not present.

19. For an object to be in plain view,

a. it must be immediately apparent.

b. the police must have lawful access to it.

c. none of the above

d. both a and b

20. The automobile exception is based upon the justification that the

a. evidence could spoil.

b. evidence would be lost if the police obtained a warrant.

c. automobile is smaller.

d. automobile is not at a house.

21. In which of the following circumstances would the police most likely not be able to use the automobile exception to the warrant requirement?

a. A police officer pulls over a mobile home driving down the interstate with expired license plates.

b. A police officer arrives at a campground and notices criminal activity taking place around a mobile home.

c. A police officer arrives at a trailer park and notices a mobile home pull out of the park at a high rate of speed.

d. A police officer arrives on a parcel of land for a domestic dispute and notices a mobile home on a cinderblock foundation.

22. A frisk must

a. have a warrant.

b. be aimed at discovering contraband.

c. be aimed at discovering weapons.

d. be quick.

23. In which of the following situations would a police officer not be able to act without a warrant due to exigent circumstances?

a. A police officer is in hot pursuit of a suspect.

b. A police officer believes there is a high likelihood of a suspect escaping.

c. A police officer believes evidence will be destroyed if there is a delay in obtaining a warrant.

d. A police officer believes probable cause does not yet exist.

24. Warrantless actions that require reasonable suspicion include

a. stop and frisk.

b. investigative detentions.

c. arrests.

d. both a and b

25. Searches based on less than probable cause that would presumably result in probable cause to make an arrest are known as

a. “fishing expeditions.”

b. hot pursuits.

c. armspan rules.

d. Terry stops.

26. Which court case allowed police officers the freedom to conduct broad searches?

a. United States v. Rabinowitz

b. Preston v. United States

c. Draper v. United States

d. Rawlings v. Kentucky

27. In Arizona v. Gant (2009), the Court held that vehicle searches incident to arrest

a. can be broad as long as probable cause is present during the search.

b. must be narrowly focused on objects related to the offense of the arrest.

c. can only be given with a proper warrant.

d. does not violate the Fourth Amendment.

28. During the search of the defendant’s vehicle in Davis v. United States (2011), the police officers found

a. bags of cocaine.

b. rolled marijuana joints.

c. a gun.

d. stolen jewelry.

29. Which court case delved into the issue of searching a cell phone incident to arrest?

a. Riley v. California

b. Warden v. Hayden

c. Terry v. Ohio

d. Virginia v. Moore

30. In which case did the court first recognize the exigent circumstance of hot pursuit?

a. Samson v. California

b. Delaware v. Prouse

c. Michigan v. Tyler

d. Warden v. Hayden

31. Which of the following does not constitute a warrantless action based on the hot pursuit exigency?

a. The person they are pursuing has committed a serious offense.

b. The pursuit is under a certain speed limit.

c. The suspect will escape or harm someone.

d. The scope and timing of the search are reasonable.

32. The term “evanescent” when describing certain evidence stands for

a. disappearing.

b. reasonable.

c. concrete.

d. standing.

33. In Breithaupt v. Abram (1957), the Court established that warrantless searches for evanescent evidence were only permissible when

a. there is not time to obtain a warrant.

b. there is a “clear indication” that the search will result in obtaining the evidence.

c. the search is conducted in a “reasonable manner.”

d. all of the above

34. Which of the following is the standard for automobile stops?

a. probable cause

b. reasonable suspicion

c. beyond a reasonable doubt

d. a preponderance of the evidence

35. Florida v. Royer (1983) suggests that a __________detention cannot fall within the meaning of a Terry stop.

a. ten

b. fifteen

c. twenty

d. twenty-five

36. The landmark case Terry decided that a frisk is permissible only when an officer

a. is in fear of his or her safety.

b. has a warrant.

c. has reasonable suspicion of contraband.

d. is accompanied by a witness.

37. In Pennsylvania v. Mimms (1977), police officers stopped Mimms because of an expired plate. When Mimms stepped out of the car, the officers noticed a bulge in the pocket of Mimms’s jacket indicative of a

a. pocket knife.

b. gun.

c. bag of drugs.

d. cell phone.

38. Which one of the following is not permissible for stationhouse detentions for the purpose of fingerprinting?

a. There is reasonable suspicion to believe the suspect has committed a crime.

b. There is a reasonable belief that the fingerprints will inculpate or exculpate the suspect.

c. The procedure is carried out promptly.

d. There is reasonable suspicion to believe the suspect will commit future crimes.

39. In Delaware v. Prouse (1979), the Supreme Court held that law enforcement officials cannot randomly stop drivers for the purpose of checking

a. the inside of the car.

b. the trunk.

c. the driver’s BAC level.

d. driver’s licenses.

40. In Safford United School District No. 1 v. Redding (2009), the Supreme Court held that although an assistant principal had reasonable suspicion a student was giving away contraband, reasonable suspicion did not justify

a. in-school suspension.

b. a strip search.

c. expulsion.

d. a frisk.

TRUE/FALSE

1. ____ Chimel v. California is the leading case dealing with automobile searches.

2. ____ A police officer must have reasonable suspicion to conduct a search incident to an arrest.

3. ____ An automobile is a recognizable exigency to the courts.

4. ____ Hot pursuit is a recognizable exigency to the courts.

5. ____ A warrantless search of an automobile is permitted if there is probable cause a crime has been committed.

6. ____ Whether a vehicle is mobile is a factor used in determining if it qualifies for the automobile exception.

7. ____ Plain view applies in situations where evidence can be seen without having to search for it.

8. ____ For the police to utilize the plain view doctrine they must have lawful access to the object to be seized.

9. ____ A stop and frisk originated in Mapp v. Ohio.

10. ____ If an officer has grounds to stop a suspect, the officer may also frisk the suspect.

11. ____ Probable cause is required for an investigative detention.

12. ____ South Dakota v. Opperman deals with warrantless inventories.

13. ____ DUI checkpoints were deemed unreasonable by the Supreme Court.

14. ____ Detentions at the border must be based on probable cause.

15. ____ The Supreme Court has allowed random stops for driver’s license checks.

16. ____ New Jersey v. T.L.O. deals with drug testing of schoolchildren.

17. ____ Warrantless searches of schoolchildren are permissible.

18. ____ The Supreme Court has allowed drug testing of employees for deterrence purposes.

19. ____ All schoolchildren can be randomly drug tested.

20. ____ Probationers have a reduced expectation of privacy.

21. ____ Third-party individuals can always give consent.

22. ____ Warrantless entry of private premises by police officers is valid if based on the apparent authority doctrine.

23. ____ Third-party consent can be given if the third party does not possess common authority over the area to be searched and the non-consenting party is present.

24. ____ Spouses can consent to have their partner’s property searched.

25. ____ Parents can give consent to have their children’s property searched.

26. ____ Children can give consent to have their parents’ property searched.

27 ____ Consent search may be valid even if the consenting party is unaware of the fact that he or she can refuse consent.

28. ____ The scope of a consent search is limited to the terms of the consent.

29. ____ If a person says to the police that they may “look around,” then the police can look anywhere and everywhere for evidence of criminal activity.

30. ____ Consent is valid even if it is given under duress or coercion.

31. ____ Consent is valid even if it is expressed or implied.

32. ____ Courts can usually tell if consent was given under duress or coercion based on a “totality of circumstances” test.

33. ____ If a person refuses to consent to a search, that refusal should be looked upon as an indication of guilt.

34. ____ In United States v. Knights (2001), the Supreme Court held that warrantless searches of probationers are permissible for probation-related and investigative purposes.

35. ____ Evidence seized by parole officers during an illegal search and seizure need not be excluded at a parole revocation hearing.

SHORT ANSWERS

1. Describe when the automobile exception applies and what the police must do to search an automobile.

2. Describe the steps a police officer must go through to conduct a stop and frisk.

3. What are the various exigencies to the warrant requirement, and when do they apply?

4. What must a police officer establish to seize an item in plain view?

5. What are the limitations to a search incident to arrest?

A key limitation to a search incident to arrest has to do with the timing of the search. In particular, probable cause to arrest must precede the warrantless search. Also, it is required that the warrantless search take place soon after probable cause to arrest. A search incident to arrest is limited to the area within the immediate control of the person arrested, that is, “the area from within which he might have obtained either a weapon or something that could have been used as evidence against him” (Chimel v. California, 1969).