1.
T or F The U.S. Supreme Court requires that a person who has given
police consent to search must be informed of the right to refuse or halt the
search.
False
2.
Evidence obtained via a warrantless
search conducted by a private citizen is ______________.
a.
Generally admissible if the search was
not initiated upon the request.
The U.S. Supreme Court has ruled that brining
the media along on arrest and search warrants executed on private property is
____________.
a.
Unconstitutional
4.
The U.S. Supreme Court has ruled that a
police checkpoint is not permitted by the U.S. Constitution if the primary
purpose to the action is to ____________.
b. Intercept drug traffickers
5.
The police asked for and received
a consent to search from Mr. Jones. The police search discovered
evidence now being introduced against Mr. Jones in a criminal case. Mr.
Jones has made a motion to suppress the incriminating evidence obtained by the
search on 4th
Amendment grounds. The motion to suppress will normally be granted if
_____________.
The totality of circumstances indicate the
consent was not given voluntarily
T or F According to the U.S. Supreme Court,
if police have a legal justification to search a vehicle for drugs, that same
authority permits the police to search a passenger’s purse that remains in the
vehicle after the passenger exits the vehicle
True
7.
According to the U.S. Supreme Court, an
anonymous tip that provides the police a description of a subject reportedly
carrying a concealed gun at a particular street intersection __________.
a.
Provides a basis for further
investigation by the responding officer.
8.
T or F For 4th
Amendment purposes, there is no difference between an area deemed to be
“curtilage” and an area deemed to be an “open field”.
False
9.
The U.S. Supreme Court has ruled that
vehicle inventory searches _____________.
a.
Can be conducted in order to protect
against misconduct accusations.
10.
T or F The U.S. Supreme Court has ruled that all police searches
and seizures must be based on probable cause with a search warrant approved by
a judge.
False
11.
The U.S. Supreme Court has determined
that a police officer seeking to identify drug couriers on a passenger bus by
manipulating the luggage placed on the overhead rack ____________.
Needs the approval of the luggage owner
before manipulating the luggage.
12.
T or F The U.S. Supreme Court has ruled that police can lawfully
request school officials to search a particular student and his/her locker
without a warrant for drugs and guns and report the results back to the police
for appropriate criminal action.
False
13.
In a Terry frisk, police can seize an
item from the pocket of an individual when touch or feel gives the officer
cause to think an item in the pocket is contraband or evidence. The
evidence seized is admissible only if ____________.
The frisk follows a lawful Terry stop.
14.
The U.S. Supreme Court has ruled that
______________ do not enjoy the same 4th Amendment protections given an owner or renter of a residence
even if the individual are present with the permission of the owner or renter.
a.
Commercial visitors
15.
The current rule of the U.S. Supreme
Court is that the 4th
Amendment protects ____________.
People
16.
T or F The U.S. Supreme Court has ruled that unprovoked flight of
an individual from a street corner that is located in a high crime
automatically permits police to conduct a Terry stop and frisk of the
individual’s associates who remain at the corner location.
False
17.
The exception to the warrant
requirement that permits police, when making an arrest inside a home, to
conduct a quick and limited search within the premises without probable cause
or suspicion is commonly referred to as_______________.
b. A protective sweep
18.
If police have probable cause to
believe that a vehicle contains contraband or evidence of a crime, police
________________.
a. Can search without a warrant in only those places where the contraband or evidence might be located.
19.
T or F
The key to determining what constitutes a reasonable expectation of
privacy under the 4th
Amendment is really a balancing test. The test balances the expectations
of society (the objective interest) against the expectations of the individual
(subjective interest).
True
20.
T or F The U.S. Supreme Court has ruled that police can stop
vehicles randomly (in what are commonly called “roving roadblocks”) without any
suspicion of either a traffic violation or criminal activity.
False
21.
The intentional and secret listening to
or recording of an intercepted cell phone conversation between two potential
criminal defendants by police utilizing a device is commonly referred to as
_____________ and constitutes a search and seizure.
a. Wiretap
22.
The U.S. Supreme Court has addressed
the use of a thermal imaging device by police to detect _________________ and
has deemed such us requires a search warrant.
a.
An illegal cultivation within a residence
23.
The U.S. Supreme Court has ruled that
in reviewing whether an officer had reasonable suspicion to make a vehicle
stop, the court should ______________.
a.
Look at the totality of the circumstances
to determine if the officer had a particularized and objective basis for the
stop.
24.
The U.S. Supreme Court has ruled that
the use of a drug detection dog to “walk around and sniff” luggage in a public
place (like an airport) is ________________.
Not a search for 4th Amendment purposes
25.
The U.S. Supreme Court ruling that
permits police to order the driver of a vehicle to exit the vehicle
____________________.
a.
Should be a safely and tactical option
that an officer should consider in a stop situation.
25.
T or F
Police cannot search the residence of a probationer looking for evidence
of new offenses without a warrant even if “a consent to search” is a condition
of the probation because “probation searches” must be specifically related to
“probationary purposes”, not current law enforcement investigations.
False
27.
T or F The U.S. Supreme Court has ruled that when the police
discover a homicide scene in a private residence, the 4th Amendment warrant requirement is
deemed waived for all purposes because it would be unreasonable to secure a
warrant based on the serous nature of the crime.
False
28.
T or F
The U.S. Supreme Court has ruled that neither a plane nor a helicopter
with police observes, which is operating in permitted air space, violates a
reasonable expectation of privacy for the property owners growing pot in their
back yards.
True
29.
T or F
In determining what police actions violate the 4th Amendment, the U.S. Supreme Court does
not require the officer to always have been correct in his/her actions, but
does demand that the officer to have been reasonable based on the facts and
circumstances of the situation, guided by the then current law and court
opinions.
True
30.
T or F All Federal and state laws are consistent as they relate to
police monitoring and recording a conversation between two parties, when only
one of the parties to the conversation is aware of the police monitoring and
recording.
False
31.
In order to invoke the exclusionary
rule to challenge the admissibility of evidence, a defendant must
_____________.
Have standing
32.
T or F the US Supreme Court has held that a social or overnight
guest in the home of a third party does not have constitutionally protected
right to privacy under the 4th Amendment.
False
33.
The constitutionality of a police
search or seizure will be measure by the court looking at the following two
factors:
a.
The purpose was reasonable and execution
was reasonable
34.
The exclusionary rule is a court
created rule to regulate conduct by _______________ to prevent 4th Amendment violations.
Government Officials
35.
A pen register (also known as a D.N.R.)
is an electronic monitoring device which is attached to a target’s phone line
for the purpose of _______________________.
a.
Recording telephone numbers dialed by the
target phone, date, and times
36.
T or F The US Supreme Court has ruled that only the driver of a
vehicle can be arrested if drugs and money are found in the vehicle when all
the passengers deny ownership or involvement with drugs and money.
False
37.
When conducting a raid on an apartment,
the US Supreme Court has indicated that as a general rule, the renter must be
given appropriate notice of the impending execution of the warrant. The
notice must be delivered ___________ before the actual entry to the premises.
15-20 Seconds
38.
The US Supreme Court has ruled that
checkpoints at US borders are permissible and the scope of any search of a
vehicle conducted at a border location _____________________.
a.
Is not regulated by probable cause or
reasonable suspicion requirements
39.
T or F
The US Constitution and the various amendments provide citizens of a
state minimal protection against government action, state constitutions and
state courts can provide individual citizens greater protections.
True
40.
The US Supreme Court has ruled that
when police approach and arrest a motorist who has exited his vehicle prior to
the police encounter, police ______________.
