True or False – the U.S. Supreme Court requires law enforcement to advise a person, that has given consent to search, that they have the right to refuse and/or halt the search.
False – there may be State and Local statute that dictates differently.
True or False – The search of a person’s briefcase by a citizen, not under the direction or in the presence of a law enforcement officer, is illegal search and seizure under the 4th amendment.
False – if the person acts independent of a government official (L.E. Officer) the search is legal and the results could be utilized by L.E.
True or False – The Supreme Court has ruled that it is unacceptable to bring the media along while conducting search warrants on private property.
True – they are not agents of the government.
Which of the following choices has been ruled as unacceptable use of checkpoints?
A. Informational checkpoints
B. Sobriety checkpoints
C. Drug trafficking checkpoints
D. Border Patrol searches without probable cause
Drug Trafficking checkpoints
True or False – If a L.E. Officer has a legal justification (i.e. probable cause) to search for drugs in a vehicle and discovers a locked briefcase inside the vehicle, a warrant must be obtained to search the contents of the briefcase.
False – there is a high likelihood that drugs could be contained inside the briefcase and a search is allowed
True or False- According to the Supreme Court, if a legal justification to search a vehicle for drugs exists; the same authority allows you to search a passenger’s purse that remains in the vehicle after the passenger has exited the vehicle.
Police asking for and receiving consent to do a search of a home in a criminal case, generally with regard to consent, the courts will determine through the totality of circumstances whether the consent was _________ and _____________ given.
Freely and voluntarily
True or False- According to the Supreme Court, an anonymous tip that provides the police with a description of the suspect, saying that he carried a concealed weapon at a particular street at a particular intersection. This allows the officer to provide further investigation in finding out what happened.
______________ is the area outside a residence that may include outbuildings, where normal life is conducted.
________________ is an area of property that is not included as the cartilage.
The Supreme Court has ruled that vehicle inventories should be conducted for purposes in which the following five reasons exist.
1. To protect and preserve the property of the suspect
2. To protect the officer against misconduct accusations
3. For the purpose of safe keeping of the property
4. For the purpose of identifying the owner of the property
5. For the purpose of ensuring there are not hazardous substances in the property
True or False – A supervisor can grant authority to an officer to conduct an inventory search of a vehicle.
False – there must be a written policy to protect against police misconduct and to outline the need as being to safeguard property.
True or False – According to the U.S. Supreme Court, searches and seizures may only be conducted after a warrant is obtained from a court upon showing probable cause
False – Consent searches are legal
True of False – If a L.E. Officer identifies a known drug courier on a bus, the L.E. Officer can manipulate / search the luggage in the overhead rack without consent or a warrant.
False – either consent or a warrant must be obtained.
True or False – Under all circumstances a school principal is not required to obtain a search warrant to search a student’s school locker for guns or narcotics.
True or False – A school resource officer can request a school administrator to search a student’s locker and can use the results of the search in a criminal prosecution.
False – the officer cannot use the school official as an agent to avoid the consent or warrant requirement.
True or False – With regard to Terry v. Ohio, a reasonably prudent officer that believes his/her safety or the safety of others is endangered, he/she may make a reasonable search for weapons regardless of whether or not he/she has probable cause to arrest.
True – reasonable suspicion is required.
True or False - With regard to “Plain feel” doctrine, it must be immediately apparent and the item must be readily recognizable in order for the contraband to be legally admissible in court.
The 4th Amendment protects ______________ not ______________.
People not Places
Generally, which of the following groups have the least likely expectation of privacy:
A. Invited Social Guests
B. Overnight Guests
C. Commercial Guests
True or False – If a person knows to be involved with criminal activity and is encountered in a high crime area and flees from the police, the police can search all other people encountered in the area at that time.
A _____________ _________ is an exception to the warrant requirement and is limited to a quick search to ascertain any potential threats to the officers making a legal arrest inside a building. The search may be made without probable cause or reasonable suspicion
True or False – If contraband is legally located inside a vehicle, a law enforcement officer may continue to search anywhere inside the vehicle where additional contraband or evidence of a crime may be contained.
The key to determining reasonable expectation of privacy is the balancing test, balancing the expectations of _________ against the expectations of the________________.
True or False- A thermal imaging device used by police to determine illegal marijuana cultivation in a residence requires a search warrant.
Objective interest is the person’s __________________ reasonable expectation of privacy while subjective interest is what _____________ is willing to give the individual as a reasonable expectation of privacy.
True or False – Roving / random roadblocks are illegal.
When considering whether or not an officer had reasonable suspicion to make a stop, the Supreme Court has held that one must consider, “ ____ _____________ ___ ____ __________________” to ascertain if an officer had an objective basis for the stop.
The totality of the circumstances
True or False – A “Walk around dog sniff” of luggage at the airport is considered a search according to the U.S. Supreme Court.
An officer can require the driver to get out of a vehicle that has been stopped, for _______ and _________ purposes in order to protect the officer.
safety and tactical
True or False- Probationary Orders must be related to probationary purposes, and it must be clear what the conditions are for searches under those probationary orders.
True or False – It is acceptable to conduct a search of a Probationer’s residence without a search warrant if you have a probationary order.
True or False – In cases of homicide, the U.S. Supreme Court has ruled that there is an exception to the warrant requirement.
True or False – The Supreme Court has ruled that neither a helicopter nor fixed wing aircraft, that has police observers operating in permitted airspace, violates a reasonable expectation of privacy in the property owners growing marijuana in the backyard.
True- It does not violate their reasonable expectation of privacy.
The ____________ _____ can be invoked to challenge the admissibility of evidence when the defendant has standing.
The Exclusionary Rule is a court created rule to regulate conduct by the _____________.
True or False-The Supreme Court held that social overnight guests in the home of a third party have a constitutionality protected right to privacy under the 4th Amendment.
An officers conduct, with regard to the 4th amendment, is judged by the ___________________ __________ standard.
Constitutionality of a police search or seizure will be looked at from two perspectives. Whether the ____________ is reasonable and the ____________ was reasonable.
True or False – A Pen register (DNR) records information about outgoing calls by targeting outgoing phone numbers , to include date and time.
The knock and announce rule requires the notice that is delivered before the actual entry of the residence be at least _______________________.
15 to 20 seconds
True or False – All passengers inside a vehicle can be criminally charged with drugs and money located under the seat of a vehicle because they are considered to be in constructive possession.
Sobriety checkpoints and border patrol checks may be conducted without _____________ ________ or reasonable suspicion.
True or False- You can give greater protections by state constitutions and state laws than Federal.
True or False – A landlord, as the legal owner of a property, can give consent to search to a L.E. Officer to enter a tenants apartment.
False – the tenant has a reasonable expectation of privacy that the landlord cannot waive.
Wren v. U.S. addresses ‘reasonableness” of an officer’s actions. True of False – with regard to a “stop” made by an officer, probable cause is required and the subjective intent of the officer is irrelevant.
When an officer arrests a motorist, they can search the passenger compartment of the vehicle if they have __________ _________ to believe that there is contraband.
True or False – according to the Plain View doctrine, a law enforcement officer can be anywhere and if he/she observes evidence of criminal activity, they can seize the evidence and use it for criminal proceedings
False – the officer must be lawfully in the place where they viewed the criminal activity.
True or False – according to the Carol Doctrine, an officer must have reasonable suspicion to believe there is evidence of a crime contained inside a vehicle before a search is conducted.
False – the officer must have probable cause.
True or False – a school district may conduct drug tests on students who play organized sports.