Criminal Investigations 9th Ed - Ch 4 - Searches

Question 1

To conduct an effective search you must:

Answer 1

o Know the legal requirements for searching
o Know the items being searched for
o Know the elements of the crime being investigated and be organized, systematic, and thorough

Question 2

The ______ Amendment to the US Constitution forbids unreasonable searches and seizures.

Answer 2

Fourth

Question 3

All searches have ONE LIMITATION, that their scope must be ________. General exploratory searches are unconstitutional.

Answer 3

narrow

Question 4

The exclusionary rule established that courts may not accept evidence obtained by unreasonable searches and seizures, regardless of its relevance to a case.

Answer 4

o Weeks v. United States (1914)

o Mapp v. Ohio (1961)

Question 5

The _____ __ ___ __________ ____ doctrine established that evidence obtained as a result of an earlier illegality must be excluded from trial.

Answer 5

fruit of the poisonous tree

Question 6

The ______ ________ _______ established that if illegally obtained evidence would in all likelihood eventually have been discovered legally, it may be used.

Answer 6

inevitable discovery doctrine

Question 7

The ______-______ _______ doctrine established that illegally obtained evidence may be admissible if the police were truly not aware they were violating a suspect’s Fourth Amendment rights.

Answer 7

good-faith exception

Question 8

All searches must be conducted under the authority of a warrant unless there are ______ ____________.

Answer 8

exigent circumstances

Question 9

Searches without a warrant are considered per se unreasonable or “unreasonable.” It is the responsibility of the state to show that an exigent circumstance existed.

Answer 9

Johnson v. United States (1948)

Question 10

A search can be justified and therefore considered legal if any of the following conditions are met:

Answer 10

o A search warrant has been issued
o Consent is given
o An officer stops a suspicious person and believes the person may be armed
o The search is incidental to a lawful arrest
o An emergency exists

Question 11

______ ______ to search requires that a combination of facts makes it more likely than not that items sought are where the police believe them to be.

Answer 11

probable cause

Question 12

When officers use information from civilians on _____ _______ _______, they should state whether the civilian is an informant or citizen giving information as a civic duty.

Answer 12

search warrant affidavits

Question 13

When using informants, the court established a two-pronged test. This test is often called the Aguilar-Spinelli Test. This test looks at:

Answer 13

o Is the informant reliable / credible?

o Is the information believable?

Question 14

The court abandoned the Aguilar-Spinelli approach in Illinois v. Gates (1983). In this case, they established a _________________ __________________________________. This is a principle upon which a number of legal assessments are made; it refers to the sum total of factors leading a reasonable person to a course of action.

Answer 14

totality of the circumstances test

Question 15

_______ v. _______ (____) is the court case responsible for the “totality-of-the-circumstances test.”

Answer 15

Illinois v. Gates (1983)

Question 16

The _________ requirement requires a search with a warrant be limited to the specific area and specific item named in the warrant.

Answer 16

particularity

Example: A search warrant issued for a specific garage (only) to locate a stolen vehicle would not allow officers to search the bathroom cabinet.

Question 17

Consent to search must be ______, and the search must be limited to the area for which consent is given.

Answer 17

voluntary

Question 18

When adult co-residents of a home are both present, and one denies consent to enter and search and the other purportedly grants consent, police MAY NOT ENTER or SEARCH based on the purported consent. In short, the denial of consent by one overrules and overrides what would have otherwise been a valid consent by the other.”

Answer 18

Georgia v. Randolph (2006)

Question 19

_____v_____ (____) established police officer’s right to patdown or frisk a person they have stopped to question, if they believe the person might be armed and dangerous.

Answer 19

Terry v. Ohio (1968)

Question 20

Officers may detain residents outside their homes until a search warrant can be obtained if necessary.

Answer 20

Illinois v. McArthur (2001)

Question 21

The _____ decision (______v. California – 1969) established that a search incidental to a lawful arrest must be made simultaneously with the arrest and must be confined to the area within the suspect’s immediate control.

Answer 21

Chimel

Question 22

________ control encompasses the area within the person’s reach.

Answer 22

Immediate

Question 23

_______ _______ are justified when reasonable suspicion exists that another person might be present who poses a danger to the arresting officers. The search must be confined to areas where a person might be hiding.

Answer 23

Protective Sweeps

Question 24

Search in an _________ situation are situations where police officers believe there is probable cause but have no time to secure a warrant. For example, if shots are being fired or a person is screaming.

Answer 24

emergency

Question 25

A search in an emergency situation must meet the following requirements:

Answer 25

o Officer must believe a REAL emergency exists requiring immediate action to protect or preserve life or to prevent SBI.
o The entry or search must not be motivated primarily to find evidence.
o The emergency and the area entered or searched must have a connection.

Question 26

• In United States v. ______, the court said that if officers attempting to serve a search warrant are not admitted by occupants following a knock-notice announcement, forcible entry may be made, but they also said that unnecessary damage to the structure may make the entry unreasonable and negate the search.

Answer 26

Ramierez

Question 27

The _______ decision established that automobiles may be searched without a warrant if (1) there is probable cause for the search, and (2) the vehicle would be gone before a search warrant could be obtained.

Answer 27

Carroll

Carroll v United States (1925)

Question 28

Ulterior motive for a valid traffic stop does not violated the ______ Amendment. In other words, a “pretext traffic stop” is overriden by an officer’s probable cause to believe the motorist is or is about to be engaged in criminal activity.

Answer 28

Fourth

Question 29

_______ v. _______ (_____) established that an officer may search an automobile passenger’s belongings simply because the officer suspects the driver has done something wrong. This “passenger property exception” ruling was intended to prevent drivers from claiming that illegal drugs or other contraband belonged to passengers, rather than themselves.

Answer 29

Wyoming v. Houghton (1969)

Question 30

______ v. ________ (____) ruled that checkpoints at the nation’s borders were constitutional because they served a national interest that outweighed the checkpoint’s minimal intrusion on driver privacy.

Answer 30

United States v. Martinez-Fuerte (1976)

Question 31

Brown v. Texas (1979) created a balancing test for courts evaluating the lawfulness of roadblocks. They are:

Answer 31

o The gravity of the public concerns served by establishing the roadblock
o The degree to which the roadblock is likely to succeed in serving the public interest
o The severity with which the roadblock interferes with individual liberty

Question 32

__________ v. _______ (____) established that a vehicle may be taken to headquarters to be searched.

Answer 32

Chambers v. Maroney (1970)

Question 33

An ______ search is designed to (1) protect the owner’s property, (2) protect the police from claims the property was stolen, (3) protect the police and public from danger, and (4) determine the owners identity.

Answer 33

inventory

Question 34

The goal of any search during an investigation is:

Answer 34

o	Establish that a crime was committed and what the specific crime was
o	Establish when the crime was committed
o	Identify who committed the crime
o	Explain how the crime was committed
o	Suggest why the crime was committed

Question 35

A successful crime scene search locates, identifies and preserves all _______ present.

Answer 35

evidence

Question 36

_________ a search includes dividing the duties, selecting a search pattern, assigning personnel and equipment and giving instructions.

Answer 36

Organizing

Question 37

_____ _______ is anything material and relevant to the crime being investigated.

Answer 37

Physical evidence

Question 38

_____ ______ _______ partitions the area into lanes, or narrow strips, using stakes and string. An officer is assigned to each lane. Therefore, the number of lanes used depends on the number of officers available to search.

Answer 38

Lane Search Pattern

If only one officer is available, this same technique is adapted to what is called a strip-search pattern. Where one officer completes one lane, returns in the adjacent lane, etc, etc.

Question 39

______ ______ _____ begins at the center of an area to be searched and spreads out in ever-widening concentric circles.

Answer 39

Circle Search Pattern

Question 40

The ____ or ______ Search Pattern is divided into equal squares on a map of the area and each square is numbered. Search personnel are assigned to specific squares.

Answer 40

Zone or Sector

Question 41

The Lane, Circle, and Zone/Sector are all _______ search methods.

Answer 41

exterior

Question 42

Interior searches go from the general to the specific, usually in a ______ _____, covering all surfaces of a search area. The floor should be search first.

Answer 42

circular pattern

Question 43

A search warrant can be issued for:

Answer 43

o Stolen or embezzled property
o Property designed or intended for use in committing a crime
o Property that indicates a crime has been committed or a particular person has committed a crime

Question 44

A search, with consent of the property owner or the suspect, must be clearly _______.

Answer 44

voluntary

Question 45

Every _____ ______ allows the officer to search the person arrested.

Answer 45

lawful arrest

Question 46

_____ ______ ______ is unconcealed evidence seen by an officer engaged in a lawful activity.

Answer 46

Plain view evidence

Question 47

_______ is that area which extends the intimate activity associated with the sanctity of a man’s home and the privacies of life. In other words, curtilage is that portion of a residence that is not open to the public.

Answer 47

Curtilage

Question 48

_______ v. ________ (____) verified that a dog sniff was not a search under the Fourth Amendment.

Answer 48

Illinois v. Caballes (2005)