Filters
Question type

Study Flashcards

The reasonableness of searches pursuant to search warrants depends on: ​


A) the existence of probable cause only.
B) the existence of probable cause and the extent of the search only.
C) the existence of probable cause, the extent of the search, and the particularity of the warrant only.
D) the existence of probable cause, the extent of the search, the particularity of the warrant, and the manner in which the police enter the place to be searched.

E) B) and D)
F) B) and C)

Correct Answer

verifed

verified

The Fourth Amendment particularity requirement for search warrants: ​


A) does not require a specific address of the place to be searched, but the items to be seized must be specifically described.
B) requires that the warrant specifically describe the place to be searched and the things to be seized.
C) requires a specific address, but gives police the discretion to search for whatever they might consider incriminating evidence.
D) requires police to describe in detail their reasons for investigating the offender.

E) A) and C)
F) A) and B)

Correct Answer

verifed

verified

In Illinois v. Rodriguez (1990) , the police conducted the consent search of the suspect's apartment based on the consent of the suspect's former girlfriend. According to the apparent authority of third-party consent theory: ​


A) third-party consent cannot be used to enter a person's home, whether to make an arrest or to search.
B) the third party who is giving consent to search must have actual authority over the premises.
C) the warrantless entry to search based on third-party consent is valid if the officer reasonably believes that the person consenting had authority to consent.
D) a search completed pursuant to an officer's reasonable but mistaken belief that a third party had authority to consent violates the Fourth Amendment.

E) A) and C)
F) All of the above

Correct Answer

verifed

verified

Searches of homes require warrants to be "reasonable."

A) True
B) False

Correct Answer

verifed

verified

The three elements required to satisfy the Fourth Amendment's warrant requirement include the particularity requirement, an affidavit supporting probable cause, and the _______________-_______________-_______________ rule.

Correct Answer

verifed

verified

Persons consenting to a search can withdraw their consent at any time.

A) True
B) False

Correct Answer

verifed

verified

According to the Court of Appeals decision in United States v. Rodney : ​


A) consent to search a person includes consent to frisk the groin area.
B) consent to search a person does not include consent to frisk the groin area.
C) consent to search a person includes consent to frisk the groin area only if police specifically ask for such.
D) consent to search a person includes consent to frisk the groin area only for federal law enforcement.

E) A) and B)
F) A) and C)

Correct Answer

verifed

verified

In _______________ arrests, officers can stop and arrest motorists for minor traffic offenses, not to enforce the traffic laws, but to search for evidence of more serious crimes that they don't have probable cause to arrest the motorists for.

Correct Answer

verifed

verified

Which of the following is not an exception to the warrant requirement approved by SCOTUS? ​


A) a search based on an informant tip ​
B) a consent search ​
C) a container search
D) a vehicle search

E) B) and C)
F) All of the above

Correct Answer

verifed

verified

Which of the following would not justify an emergency search? ​


A) the belief of danger to community safety
B) an inconvenient location for waiting with a suspect for a warrant
C) the potential of a suspect destroying evidence
D) the belief of danger to officers

E) A) and C)
F) None of the above

Correct Answer

verifed

verified

Law enforcement officers often prefer searches without warrants, because of the time or effort it takes to get a warrant issued.

A) True
B) False

Correct Answer

verifed

verified

The Fourth Amendment doesn't condemn all searches, only "unreasonable" searches.

A) True
B) False

Correct Answer

verifed

verified

In what landmark case did SCOTUS rule that a knock and talk violated the Fourth Amendment? ​


A) Johnson v. U.S. (1948)
B) Arizona v. Gant (2009)
C) Schneckloth v. Bustamonte (1973)
D) Illinois v. Rodriguez (1990)

E) A) and C)
F) C) and D)

Correct Answer

verifed

verified

In Arizona v. Gant (2009), SCOTUS _______________ a Fourth Amendment challenge to a car search incident to a traffic offense conducted after officers arrested, handcuffed, and placed the driver, Rodney Gant, in the police car.

Correct Answer

verifed

verified

Concerning third-party consent to search, in which of the following situations can one person consent to a search for the other person? ​


A) A janitor consenting to the search of the employer's premises.
B) A school administrator consenting to the search of a guidance counselor's locked desk containing confidential records.
C) A factory owner consenting to a search of items on top of an employee's workbench.
D) A landlord consenting to the search of a tenant's apartment.

E) None of the above
F) B) and C)

Correct Answer

verifed

verified

To comply with the Fourth Amendment, search warrants have to "_______________ describe the place to be searched."

Correct Answer

verifed

verified

One of the factors in determining the reasonableness of a search pursuant to a search warrant depends on the manner in which the police enter the place that the warrant authorizes them to search.

A) True
B) False

Correct Answer

verifed

verified

Describe a search incident to a pretext arrest, and explain its significance.

Correct Answer

verifed

verified

A pretext stop or arrest occurs when pol...

View Answer

According to SCOTUS's decision in Whren v. U.S, concerning the use of a pretext stop in a drug search: ​


A) pretext arrests violate the Fourth Amendment.
B) courts should use a "balancing" test to decide the constitutionality of auto stops.
C) a search incident to a lawful arrest for a traffic violation is a reasonable Fourth Amendment search.
D) pretext stops and the searches incident to them should be kept at a minimum.

E) B) and D)
F) None of the above

Correct Answer

verifed

verified

If police officers have probable cause to search and they reasonably believe that evidence is in imminent danger of destruction, they can search without a warrant.

A) True
B) False

Correct Answer

verifed

verified

Showing 41 - 60 of 65

Related Exams

Show Answer