Module 4

Question 1

1. _________ is an advantage of obtaining a search warrant versus conducting a warrantless search.

Answer 1

• A search with a valid search warrant places the burden of proof on the defendant to show the search was invalid or unreasonable (Correct Answer / Your Answer)
• The officer will not be able to benefit from the “good faith” exception to the Exclusionary Rule
• The reliance of officers on their own intuition generally provides qualified immunity from liability
• All of the above

Question 2

2. A search warrant complaint affidavit must state a crime has been committed, particularly describe the evidence, and indicate the evidence is at the particularly described place now.

Answer 2

• True (Correct Answer / Your Answer)

* False

Question 3

3. An authorized search warrant will be in writing and will generally have the ________ on the warrant.

Answer 3

• state’s attorney’s name
• probable cause for the warrant (Correct Answer / Your Answer)
• reasonable suspicion for the warrant
• all of the above

Question 4

4. When officers execute a search warrant, the officers ________ once the items particularly described in a search warrant have been located.

Answer 4

• may continue searching the location until the search warrant expires (Your Answer)
• may continue searching the location
• must terminate the search (Correct Answer)
• none of the above

Question 5

5. If an officer must act immediately to prevent the destruction of evidence or harm of another person, the officer may make a forcible entry into the residence or other location to prevent the destruction and/or harm.

Answer 5

• True (Correct Answer)

* False (Your Answer)

Question 6

1. In warrantless search cases, burden of proof is on the ________ to show why a warrant was not obtained.

Answer 6

• state (Correct Answer / Your Answer)
• defense counsel
• defendant
• none of the above

Question 7

3. An authorized search warrant will be in writing and will have the ________ on the warrant.

Answer 7

• law enforcement agency’s name
• reasonable suspicion for the warrant
• items that will be sought and/or seized (Correct Answer / Your Answer)
• none of the above

Question 8

4. When officers execute a search warrant, the officers do not need to have a valid reason for entering without knocking and announcing their intention.

Answer 8

• True

* False (Correct Answer / Your Answer)

Question 9

5. A warrantless emergency search of a premise is authorized when there is ________.

Answer 9

• an officer “hunch”
• a substantial risk to public safety (Correct Answer / Your Answer)
• a fire department supervisor present
• all of the above

Question 10

2. In order to obtain an anticipatory search warrant, the officer must convince a court, before a crime occurs, that a crime is going to occur.

Answer 10

• True (Correct Answer / Your Answer)

* False

Question 11

1. The reliance of officers on a court-ordered search warrant generally provides qualified immunity from liability.

Answer 11

• True (Correct Answer / Your Answer)

* False

Question 12

3. Once the officer obtains a search warrant, the officer should either file the warrant as required by department policy/procedure (this may not be possible if the clerk responsible for such filing is unavailable) and/or attempt to execute the warrant.

Answer 12

• True (Correct Answer/ Your Answer)

* False

Question 13

4. When officers execute a search warrant, the officers generally need to have a valid reason for entering without knocking and announcing their intention.

Answer 13

• True (Correct Answer/ Your Answer)

* False

Question 14

5. In an emergency situation, the officer may make a forced entry into a home (pursuant to departmental policy/procedure). However, the officer can only search in what areas?

Answer 14

• in any location
• A search is not permitted in emergency situations
• in any area associated with the emergency (Correct Answer / Your Answer)
• none of the above