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Exam 9: Conducting Constitutional Searches

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Question 31

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The Supreme Court has ruled that the expectation of privacy does not exist when someone voluntarily converses with someone else known as the ________________exception.

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Question 32

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All searches must be:

A) with a warrant.
B) with consent.
C) limited in scope.
D) general in nature.

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

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Question 33

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If an individual gives voluntary consent for the police to search his or her person or property, the police may do so without a warrant, and any evidence found will be admissible in court.

A(n) _______________________ allows civil inspections of private property to determine compliance with government rules, regulations, and city ordinances such as fire or building codes.

The precedent case for search and seizure of abandoned property and open fields is Arizona v. Gant.

Which case concerns the plain view doctrine?

Discuss what might constitute exigent circumstances. Give specific examples.

The Supreme Court ruled in 1993 that police do not need a warrant to seize narcotics detected while frisking a suspect for concealed weapons, as long as the narcotics are instantly recognizable by _______________________.

____________________ include danger of physical harm to an officer or others, danger of destruction of evidence, driving while intoxicated, hot-pursuit situations, and individuals requiring "rescuing," for example, unconscious individuals.

"Dumpster diving" or "trash pulls" are methods for obtaining incriminating evidence that often provide legal grounds to obtain a search warrant of a home.

The Court defined _________________ the area within a person's reach or immediate control.

One of the exceptions to a search warrant is known as exigent circumstances. If police officers have established probable cause that evidence is likely to be in a certain place and do not have time to get a search warrant, they may conduct a warrantless search. This can include a reasonable belief that evidence will be removed or destroyed if the officers wait for a warrant. Some courts are dubious of this exception since police officers can frequently create the risk of destruction of evidence by their own behavior. Do you think there is a potential abuse of this exception by the police? If so, how? If not, why not?

A ___________________ is a  limited search made in conjunction with an in-home arrest when the searching officer possesses a reasonable belief based on specific and articulable facts that the area to be swept harbors an individual posing a danger to those on the arrest scene

Which of the following best describes the significance of Camara v. Municipal Court of the City and County of San Francisco (1967) ?

After officers have obtained their search warrant and gained entrance, they can search only areas in which they reasonably believe the specified items might be found.

Which of the following would not be a legitimate factor contributing to the decision to frisk?

Which of the following is not a fundamental constitutional rule that applies to Fourth Amendment cases?

Searches of vehicles incident to the arrest of an occupant are allowed, only if the officer has a reasonable belief that the arrestee can gain access to the vehicle or that_______________will be found in the vehicle.

Prior to 1967, courts took a property-based approach to defining a search and when constitutional protections were implicated.

In Riley v. California (2014), it was concluded that all property immediately associated with the arrestee may be searched incident to arrest.