Case Law Set 2 of 4

Question 1

Absent exigent circumstances, it is a violation of federal and
state law to conduct a search of a vehicle for
___________________ purposes, unless the driver consents or is
given a reasonable opportunity to make other
arrangements.:

Answer 1

inventory

NJ v Ercolano, pg. 161 of your workbook

Question 2

For a driver to submit to a blood test when the driver has
been lawfully placed under arrest for driving while
intoxicated, police must obtain ________________________ or a
search warrant.:

Answer 2

consent

Missouri v McNeely, pg. 121 of your workbook

Question 3

A fully mobile motor home, located in a public parking lot
will be deemed to fall within the “_______________________
exception” to the 4th Amendment warrant requirement.:

Answer 3

automobile

California v Carney, pg. 173 of your workbook

Question 4

In a community caretaking situation where there is no
emergency, an officer must have _________________________ or a
warrant to enter a residence.:

Answer 4

consent

State v Vargas, pg. 143 of your workbook

Question 5

In order for a consent search to be valid under New Jersey
law, the state needs to prove that the person knew he had
a right to _______________________ consent.:

Answer 5

refuse

State v Johnson, pg. 209 of your workbook

Question 6

In the absence of a search warrant or an indication of
______________________ activity, a law enforcement officer must
give a person an opportunity to remove possessions from a
lawfully impounded vehicle before conducting an inventory
of its contents.:

Answer 6

criminal

NJ v Mangold, pg. 163 of your workbook

Question 7

Law enforcement officers may conduct a protective sweep
only when (1) the officers are lawfully within private
premises for a legitimate purpose, which may include
consent to enter; and (2) the officers on the scene have a
reasonable articulable suspicion that the area to be swept
harbors an individual posing a _______________________.:

Answer 7

danger

State v Davila, pg. 96 of your workbook

Question 8

Law enforcement officers may develop sufficient probable
cause to search a vehicle’s ____________________ when several
ounces of cocaine is found in the passenger compartment,
and an occupant acknowledges putting a bag in the trunk
but is unaware of its contents.:

Answer 8

trunk

State v Letman, pg. 191 of your workbook

Question 9

Officers waiting for a search warrant to be issued who have
probable cause to believe that evidence of a crime or
contraband is hidden in a home should secure the home for
a reasonable period of time from the ________________________.:

Answer 9

outside

Brown v State, pg. 134a of your workbook

Question 10

The police are justified to enter someone’s home under the
care-taking function to investigate reports of an
____________________.:

Answer 10

emergency

State v Frankel, pg. 141 of your workbook

Question 11

Police are permitted to search “only the arrested person and
the area under his immediate control” incident to arrest.
Immediate control is defined as the area “within his
____________________ or grabble area”:

Answer 11

reach

State v Rose, pg. 109 of your workbook

Question 12

The police can enter a private residence without a warrant
under the “________________ ___________________” exception where
the residence has recently been or is being burglarized.:

Answer 12

exigent circumstances

State v Faretra, pg. 139 of your workbook

Question 13

A police department policy of releasing an intoxicated
arrestee should take into account the dangers that the
person poses to himself and to the _________________.:

Answer 13

public

State v Greeley, pg. 127 of your workbook

Question 14

Police may not routinely impound a motor vehicle and
inventory its contents whenever the driver is arrested for a
_________________ ____________________ offense.:

Answer 14

motor vehicle

NJ v Slockbower, pg. 165 of your workbook

Question 15

A police officer may not indiscriminately search a vehicle
compartment when making a warrantless arrest incidental
to a ________________ _________________ offense.:

Answer 15

motor vehicle

State v Pierce, pg. 113 of your workbook

Question 16

Police who require information related to a screen name
from an ISP, they will have to obtain either a search warrant,
a grand jury subpoena or an order to produce from the
Superior Court based upon a showing of ____________________.:

Answer 16

relevance

State v Shirley Reid, pg. 65 of your workbook

Question 17

Presence of a small amount of marijuana for personal use
does not provide ____________________ _____________________ to
suspect that there’s a larger amount being transported.:

Answer 17

probable cause

State v Patino, pg. 193 of your workbook

Question 18

Probable cause and ____________________ ________________________ will
support the full warrantless search of a suspect when
officers observe a car in which the suspect is a passenger
stop at the curb in the middle of the block, in a high drugtraffic
area, an area already under surveillance for
suspected narcotic activity, and see the suspect exchange
money for a small object with a man who had engaged in a
similar transaction five minutes earlier.:

Answer 18

exigent circumstances

State v Guerrero, pg. 155 of your workbook

Question 19

A “reasonable and articulable suspicion” that criminal
evidence will be found is necessary prior to asking for a
___________________________ search on a motor vehicle stop.:

Answer 19

consent

State v Carty, pg. 205 of your workbook

Question 20

The “search incident to arrest” exception cannot be invoked
in cases where the occupant of a ____________________ has been
arrested, removed and secured elsewhere.:

Answer 20

vehicle

State v Eckel, pg. 115 of your workbook

Question 21

A simple assault within a home that is witnessed by police
officers from outside, constitutes sufficient basis for officers
to enter the residence without a ___________________.:

Answer 21

warrant

Brigham City v Stuart, pg. 137 of your workbook

Question 22

The strong odor of raw unburned marijuana emanating from
a lawfully stopped vehicle will provide police with
________________ _____________________ to conduct a warrantless
search of the vehicle including its trunk and packages found
therein.:

Answer 22

probable cause

NJ v Guerra, pg. 187 of your workbook

Question 23

To ask for consent to search a vehicle which is disabled on
the roadway, police must have reasonable and articulable
suspicion that _______________________ or criminal evidence will
be found therein.:

Answer 23

contraband

State v Elders, pg. 211 of your workbook

Question 24

When officers have probable cause to believe a subject has
engaged in a narcotics transaction and there is no time in
which to procure a warrant because the evidence could
have been consumed, hidden or sold by the time a warrant
was issued, the police are justified in carrying out a
__________________________ search where probable cause and
exigent circumstances are present.:

Answer 24

warrantless

State v Guerrero, pg. 155 of your workbook

Question 25

Where removal rather than destruction of evidence (drugs)
is an issue, _____________________ circumstances exist in cases
where the physical layout of the premises makes effective
surveillance impossible and procuring a warrant would give
the subjects the opportunity to escape with the evidence.:

Answer 25

exigent

State v Lewis, pg. 129 of your workbook