Test Bank For Criminal Procedure 9th Edition by Samaha

Test bank for Criminal Procedure 9th Edition by Samaha
Test bank for Criminal Procedure 9th Edition by

Samaha
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maha/
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Chapter 06: SEARCHES FOR EVIDENCE
SEARCHES FOR EVIDENCE
1. Which of the following is NOT one of the requirements to satisfy the Fourth Amendment’s warrant requirement?
a. Reasonable suspicion
b. Particularity requirement
c. Probable cause affidavit
d. Knock-and-announce rule
ANSWER: a
REFERENCES: Searches with Warrants
LEARNING OBJECTIVES: CRPR.SAMA.15.06.02 - 02
2. 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 requesting a search warrant
ANSWER: b
3. Which is true about containers?

a. They can only be searched with probable cause and a warrant.
b. No warrant is ever needed to search them, if there is probable cause to do so.
c. No warrant is needed if the container is found in a car the police have probable cause to search, and the
container is a likely place where the items searched for may be found.
d. No warrant is needed if the container is found in a vehicle the police have probable cause to search,
regardless of the nature of the container.
ANSWER: c
REFERENCES: Consent Searches
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4. 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 as long as the police have no reason to
believe the suspect will object to such on religious grounds.
ANSWER: a
5. The following are all examples of emergency search situations EXCEPT:

a. following a suspect they are chasing into a home.
b. searching crates off a boat after the police have received word that a shipment of drugs will be contained in
the crates.
c. entering and searching a house when police have received a call for help from someone in the house.
d. entering a house on fire to search for anyone potentially inside.
ANSWER: b
6. 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, teh particularity of the warrant, and the manner in
which teh police ener the place to be searched.
ANSWER: d
7. In Wilson v. Arkansas, the Supreme Court unanimously decided that:

a. the Fourth Amendment prohibits all “noknock” entries.
b. the Fourth Amendment does not prohibit “noknock” entries.
c. the police are never required to follow the rule of announcement when executing a search warrant.
d. ordinarily, the Fourth Amendment requires police knock and announce.
ANSWER: d

8. Which of the following is NOT an exception to the warrant requirement approved by the U.S. Supreme Court?
a. Informant tip based search
b. Consent search
c. Container search
d. Vehicle search
ANSWER: d
REFERENCES: Searches without Warrants
9. The countervailing law enforcement interests against “noknock” entry requirements identified by Justice Thomas
in Wilson v. Arkansas include:
a. safety of officers and escape of the prisoner.
b. safety of officers and safety of occupants.
c. safety of occupants and destruction of evidence.
d. safety of officer, escape of the prisoner, and destruction of evidence.
ANSWER: d
10. In California v. Acevedo (1991), the Court ruled that officers with probable cause but without warrants
can search containers inside vehicles:
a. never – this is not permissible.
b. only with apparent authority consent.
c. only with actual authority consent.
d. if the container isn’t an essential part of the vehicle.
ANSWER: d

11. Which of the following government interests are protected by the rule that searches incident to arrest are
reasonable?
a. The interest in the suspect's reasonable expectation of privacy.
b. The interest in preserving evidence.
c. The interest in protecting law enforcement officers and the interest in preserving evidence.
d. The interest in protecting law enforcement officers, the interest in preserving evidence, and the interest in
preventing the escape of suspects.
ANSWER: d
CRPR.SAMA.15.06.04 - 04
12. According to the Supreme Court in Chimel v. California, involving the search of a house incident to an arrest for
burglary of a coin shop:
a. it is not reasonable to search a person who is lawfully arrested.
b. it is not reasonable to search an entire house incident to a lawful arrest of someone there.
c. the Fourth Amendment does not protect searches incident to lawful arrests.
d. police must always have search warrants to search persons.
ANSWER: b
13. Under the holding in Chimel v. California (1969), a leading Supreme Court case on searches incident to arrest,
the police must limit a thorough search incident to arrest to the arrestee's:
a. person (body and clothing).
b. person and the area within his immediate control.
c. person and the room in which he is arrested.
d. person and the house or apartment where he is arrested.
ANSWER: b

14. According to the Supreme Court in New York v. Belton, involving a search of the passenger compartment of a
car and its contents incident to an arrest:
a. police may always search if they have probable cause to do so.
b. officers must have probable cause to search the passenger compartment.
c. when a police officer has made a lawful custodial arrest of the occupant of an automobile a
contemporaneous search of the passenger compartment is incident to the arrest.
d. officers may search containers found in the passenger compartment if they have reasonable suspicion the
containers hold contraband or weapons.
ANSWER: c
15. In U.S. v. Robinson (1973), the police had stopped the defendant for driving with a revoked driver's permit. The
Supreme Court's ruling with respect to the legality of the search of the defendant is important because it held that:
a. a search incident to arrest may be conducted only where there is probable cause that the arrestee has
weapons or evidence on his person.
b. a search incident to arrest may be conducted only where there is reasonable suspicion.
c. a search incident to a full custody arrest may be conducted regardless of the likelihood of finding weapons
or evidence on the arrestee's person.
d. a search may not be conducted incident to an arrest for a traffic offense.
ANSWER: c
16. In Knowles v. Iowa, concerning an instance where a driver had been given a citation for speeding but had not
been arrested, the Supreme Court:
a. said that the officer issuing the citation could still do a search incident to arrest.
b. believed that the same concern for officer safety that was present in a full custodial arrest situation was
present in every traffic stop.
c. said that police could not automatically do a search incident to arrest when only a citation is given the
driver, as opposed to when an arrest occurs.
d. said the police could automatically do a search incident of the driver’s person, but not of the vehicle.
ANSWER: c

17. Concerning pretext searches:

a. the Supreme Court has decided that they violate the Fourth Amendment.
b. officers using them usually have probable cause to arrest for a felony.
c. they are used with searches incident to arrest.
d. they are powerful investigative tools that police use to gather evidence against suspects and the Supreme
Court has decided that they do not violate the Fourth Amendment.
ANSWER: d
18. According to the Supreme Court’s decision in Whren v. U.S, concerning the use of a pretext arrest 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 searches incident to them should be kept at a minimum.
ANSWER: c
19. Police ordinarily seek consent to search:

a. when they do not have probable cause and cannot get a warrant.
b. after a judge has refused to issue a warrant.
c. when they think the person is intoxicated.
d. when they are dealing with teenagers.
ANSWER: a
20. In order to conduct a consent search of a person, an officer must have:

a. probable cause to believe the suspect has seizable items on his/her person.
b. a valid warrant.
c. reasonable suspicion to make a stop.
d. voluntary consent to search.
ANSWER: d

21. According to the waiver test of consent:

a. any search free of coercion is obtained by consent.
b. those who consent need to know they have a right to refuse consent.
c. once a person consents, they cannot retract their consent.
d. a consent search is valid only if the person consenting voluntarily and knowingly waives her Fourth
Amendment rights.
ANSWER: d
CRPR.SAMA.15.06.07 - 07
22. According to the empirical research about consent searches:

a. lower courts find that consent was voluntary in all but the most extreme cases .
b. lower courts are very willing to set consent searches aside when they find they were not voluntary
c. there are so few consent search cases that courts have had little opportunity to rule on the issue
d. judges are skeptical of consent searches and critical of the police in their opinions
ANSWER: a
23. Which of the following would NOT justify an emergency search?

a. Belief of danger to community safety
b. Inconvenient location to wait with suspect for a warrant
c. Potential of suspect destroying evidence
d. Belief of danger to officers
ANSWER: b

24. The major issue of contention between the Supreme Court majority opinion and the dissenting opinion in
Schneckloth v. Bustamonte, the case involving the consent search of the defendant's car, was:
a. whether consent to search was actually obtained by the officers.
b. whether the initial stop of the defendant's car was lawful.
c. the coercion of the defendant to obtain the consent.
d. whether the police must inform a suspect of her right to refuse consent to a consent search.
ANSWER: d
CRPR.SAMA.15.06.07 - 07
25. In the case of Wilson v Arkansas (1995), what did the court decide?
a. The police can never enter a home to execute a warrant without knocking first.
b. Searches of automobiles did not require probable cause because of the "mobility factor."
c. Officers can only "pat" someone down, and the pat-down can only be for weapons.
d. The issue of allowing police to enter without knocking was reasonable but the state courts were remanded
to determine reasonableness for the use of a "no-knock" entry.
ANSWER: d
26. What do the police need to articulate in order to obtain a "no-knock" warrant?
a. The consent of the person for whom the arrest warrant is for.
b. That the "Fair Warning" doctrine be employed.
c. The persons were armed with automatic weapons and explosives, otherwise a no-knock warrant is not
permissible.
d. That knocking (announcing their presence) would be dangerous, futile, compromise the investigation, and
allow for the destruction of evidence.
ANSWER: d

27. 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.
ANSWER: c
28. 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 Supreme Court's opinion:
a. third party consent cannot be used to enter a person's home whether to make an arrest or search.
b. the third party 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. search completed pursuant to an officer's reasonable but mistaken belief that a third party had authority to
consent violates the Fourth Amendment.
ANSWER: c
29. When an officer makes an arrest, what can be legally searched incident to that arrest?
a. Any areas the suspect had frequented within the past 12 hours.
b. The suspect and the contents of his/her pockets.
c. Any surrounding vehicle, even if the suspect was not sitting in at the time of arrest.
d. The suspect’s person and the contents of the grabbable area.
ANSWER: d

30. Police officers at the scene of a fire:

a. Do not need a warrant to remain in a burned building to look for injured victims, do not need a warrant to
remain in a burned building to investigate the cause of the fire or explosion, must get a warrant to search for
evidence of crime once they determine the cause of the fire, and can search suspicious onlookers without a
warrant.
b. Do not need a warrant to remain in a burned building to look for injured victims, do not need a warrant to
remain in a burned building to investigate the cause of the fire or explosion, but must get a warrant to search
for evidence of crime once they determine the cause of the fire.
c. Can search suspicious onlookers without a warrant.
d. Do not need a warrant to search for evidence of a crime even after the cause of the fire is determined.
ANSWER: b
31. The vehicle exception to the warrant requirement is based upon:

a. the inherent mobility of the vehicle and the impracticality of impounding the vehicle and getting a warrant.
b. the inherent mobility of the vehicle and the reduced expectation of privacy in vehicles.
c. convenience of the police.
d. the reduced expectation of privacy in vehicles and the convenience of the police.
ANSWER: b
32. In Wyoming v. Houghton, concerning the search of a passenger’s purse for drugs based on probable cause that
drugs are in the vehicle, the U.S. Supreme Court declared that:
a. if police know or should know that a passenger owned the purse they cannot search it.
b. the passenger can prevent the search by identifying the container as his/hers.
c. the police must seize the purse or other container until they get a search warrant.
d. the police may inspect passengers’ belongings that are capable of concealing the object of the search.
ANSWER: d

33. The “grabbable area” allows police to search:

a. only the area described the affidavit as likely to contain evidence of a crime.
b. only the areas in "plain view” of the police officer at the moment of arrest.
c. only the area where the suspect may have been present within the previous 12 hours.
d. only the area within the suspect’s immediate control or "arms length."
ANSWER: d
34. New York v Belton (1981) extended the Chimel rule to:
a. searches of passengers in the context of an otherwise lawful arrest.
b. interior vehicle searches when the individual arrested is outside the car.
c. dwelling searches incident to arrest when the seizure occurs in the front yard.
d. any area that the arrestee can "see" from where they are at the time of the arrest.
ANSWER: b
35. In Arizona v. Gant (2009), the Supreme Court ruled:

a. when a police officer makes a lawful custodial arrest of an occupant of an automobile, he may always
search the passenger compartment.
b. police may search a vehicle incident to an occupant’s arrest only if the arrestee is within reaching distance of
the passenger compartment at the time of the search or it’s reasonable to believe the vehicle contains
evidence related to the offense of arrest.
c. police may search a vehicle’s passenger compartment incident to a lawful custodial arrest of an occupant if
they have probable cause to search.
d. police must rely on inventory searches in order to search the passenger compartment of a vehicle.
ANSWER: b
36. A search warrant must specifically identify “the things to be seized.” This particularity requirement may not be met
by specifying an entire class of items.
a. True
b. False
ANSWER: False

37. 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
ANSWER: True
38. The scope of a search incident to arrest includes the entire place where the suspect is arrested.
a. True
b. False
ANSWER: False
39. When a suspect is arrested in a car or other vehicle, police as part of the search incident to the arrest may search
the vehicle’s trunk
a. True
b. False
ANSWER: False
LEARNING OBJECTIVES: CPRR.SAMA.15.06.09 - 09
40. The Fourth Amendment does not prohibit all “noknock” entries.
a. True
b. False
ANSWER: True
41. The knockandannounce rule’s origins come from English common law.
a. True
b. False
ANSWER: True

42. Most searches take place pursuant to warrants.

a. True
b. False
ANSWER: False
43. The reasonableness of a search pursuant to a search warrant depends on the manner in which the police enter the
place which the warrant authorizes them to search.
a. True
b. False
ANSWER: True
REFERENCES: Searches with Warants
44. Concerning arrests for minor crimes, the Supreme Court has decided to leave to police discretion whether
suspects ought to be searched incident to their arrest.
a. True
b. False
ANSWER: True
45. Subjective intentions of the police play an important role in ordinary, probable cause Fourth Amendment analysis.
a. True
b. False
ANSWER: False
46. The voluntariness test for deciding when a citizen has given lawful consent to search reflects a balance between the
competing concerns of lawful enforcement’s need for consent searches and citizens’ right to be free from police
coercion.
a. True
b. False
ANSWER: True

47. Frustration with the amount of time and effort it can take to get a warrant often tempts police to avoid the Fourth
Amendment’s warrant requirement.
a. True
b. False
ANSWER: True
CRPR.SAMA.15.06.03 - 03
48. 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
ANSWER: True
49. The expectation of privacy that people have in their briefcases, purses and luggage is less than the expectation of
privacy that they have in their homes, but greater than the expectation they have in their vehicles.
a. True
b. False
ANSWER: True
CRPR.SAMA.15.06.09 - 09
50. After a police officer issues a stopped motorist a citation for a traffic offense, the officer can search the stopped
car without the motorist’s consent.
a. True
b. False
ANSWER: False
51. Consent searches do not require probable cause or a warrant in light of __________.
ANSWER: voluntariness

52. The second question in the law of searches analysis asks whether the search was ____________.
ANSWER: reasonable
53. Searches without warrants are permissible if there is reasonable belief that the _______ of evidence is imminent.
ANSWER: destruction
54. Voluntary and knowing searches require neither a warrant nor _________ _________.
ANSWER: probable cause

55. The exigent circumstance constituting the need to apprehend a fleeing suspect is ______ ________.
ANSWER: hot pursuit

56. A test in which the _________ of ___________ is used to determine whether a consent to search was obtained
without coercion, deception or promises is the voluntariness test.
ANSWER: totality; circumstances
57. A __________ arrest occurs when an officer uses a legal justification to stop a vehicle to search for evidence of
an unrelated serious crime for which he did not have the probable cause necessary to support the stop.
ANSWER: pretext
58. The vehicle or automobile exception is an exception to the requirement that police have a(n) ________ before
conducting a search.
ANSWER: warrant

59. The requirement that search warrants have to describe the place to be searched is known as the ____________
requirement.
ANSWER: particularity
60. The area of arrested persons themselves and the area under their immediate control is called the
______________ area.
ANSWER: grabbable
61. Identify three exceptions to the “knock and announce” rule.
ANSWER: There are several exceptions to the “knock and announce” rule.
(1) The first is where knocking and announcing would reasonably present a threat of
physical violence to the officers executing the warrant.
(20 The second is where the officers are in “hot pursuit” of a person who retreats
into his dwelling.
(3) The third is where police officers have reason to believe that knocking and
announcing would result in the destruction of evidence they were coming to search
for.

62. What is the rule regarding searches incident to arrests for minor offenses as created and applied by the U.S.
Supreme Court in U.S. v. Robinson?
ANSWER: In United States v. Robinson, the U.S. Supreme Court held that police officers
could conduct a search incident to a lawful arrest of anybody whom they will be
placing under a full custodial arrest, regardless of the seriousness of the offense.
Thus, the rule applies to felonies, misdemeanors and other minor offenses. The Court
decided that police needed a “bright line” rule to follow given the quick onthespot
judgments they must make in a particular situation. If police had to calculate every
time they arrested somebody whether the person likely posed a danger or whether
the offense for which the person was arrested was one which might turn up evidence
by a search incident, this could create too much uncertainty for police officers.
Instead, the “bright line” Robinson rule was created mainly for two reasons. The first
reason was the possible danger to police officers whenever they take suspects into
custody for whatever offense. The second reason was the logical impossibility of the
courts reviewing every police decision whether a search incident was justified by
danger to the officers, risk of escape, or risk of destruction of evidence.
63. Describe a search incident to a pretext arrest, and explain its significance.
ANSWER: A pretext stop or arrest occurs when police officers use the objective basis for one
event, commonly a traffic offense, as a means to do a search and/or an investigation
for a more serious crime that the officers believe the stopped individual may have
committed but for which they do not have probable cause.
For example, police officers may believe that someone has drugs in their car.
However, they do not have probable cause to search the car for drugs. The police
could follow the car until the driver commits a traffic violation and then stop the car for
this. If the state law allows, they could then arrest the driver for the violation and
conduct a search incident to lawful arrest of the car’s interior, pursuant to Belton. If
the search turns up drugs, then the driver will be arrested for that more serious
offense.

Test bank for Criminal Procedure 9th Edition by Samaha

64. Give examples of who can consent to a search for someone else. Explain the difference between actual and
apparent authority to consent for another person.
ANSWER: The law gives examples of situations where one person can consent to a search for
someone else. (1) One lover consents to a search of the room shared with the other
lover. (2) One roommate consents to a search of an entire apartment shared with
another roommate. (3) A homeowner consents to a search of a room that a house
guest occupies. (4) A joint user of luggage consents to a search of the shared
luggage. (5) A high school principal consents to a search of a high school student’s
locker. (6) A factory manager consents to a search of items on top of an employee’s
workbench.
Actual authority to consent for another person exists when in fact one person has legal
authority to consent for someone else to a search by police of the other person’s house
or possessions.
Apparent authority exists when one person does not in fact have legal authority to
consent to police searching another’s house or possessions but, based on the
circumstances, the police reasonably believe that the consenting person does have the
actual authority.
65. Identify three emergency searches, and describe why each situation falls under the exception to the warrant
requirement.
ANSWER: Emergency searches in general do not require warrants based on the concept that it
is sometimes impractical, and could even be dangerous, to require police to obtain a
warrant before the search. General examples of emergency searches are to prevent
destruction of evidence, to prevent the escape of a fleeing suspect, to deal with a
potential immediate danger to the community, and to ensure officers’ safety.
The first two do not require warrants because it would be impractical to require them.
The last two do not require warrants because of safety considerations.
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2. The Fourth Amendment particularity requirement for search warrants:

3. Which is true about containers?

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

5. The following are all examples of emergency search situations EXCEPT:

6. The reasonableness of searches pursuant to search warrants depends on:

7. In Wilson v. Arkansas, the Supreme Court unanimously decided that:

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17. Concerning pretext searches:

19. Police ordinarily seek consent to search:

20. In order to conduct a consent search of a person, an officer must have:

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21. According to the waiver test of consent:

22. According to the empirical research about consent searches:

23. Which of the following would NOT justify an emergency search?

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30. Police officers at the scene of a fire:

31. The vehicle exception to the warrant requirement is based upon:

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33. The “grabbable area” allows police to search:

35. In Arizona v. Gant (2009), the Supreme Court ruled:

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42. Most searches take place pursuant to warrants.

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ANSWER: probable cause

ANSWER: hot pursuit

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61. Identify three exceptions to the “knock and announce” rule.

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Chapter 06: SEARCHES FOR EVIDENCE

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