Search and Seizure

Question 1

Under the _____ ___, evidence obtained in violation of a defendant’s Fourth Amendment rights (is/is not) admissible to establish the guilt of the defendant at trial.

Answer 1

Exclusionary Rule

Is not

Question 2

The ___ ___ protects against ____searches and seizures by criminal law enforcement agents.

Answer 2

4th Am.

Unreasonable

Question 3

To have a protected Fourth Amendment right, a person must have a ___ ____ ____ ____with respect to the place searched or the item seized.

Answer 3

R.E.O.P

(reasonable expectation of privacy)

Question 4

For a search based on a search warrant to be constitutionally valid, the warrant must be based on ___ ____ and must describe with reasonable precision the ___ to be searched and the ____ to be seized.

Answer 4

Probable Cause

Place

Item(s)

Question 5

True/False:
A search warrant authorizes the police to search persons found on the premises who are not named in the warrant.

Answer 5

FALSE

However (S).P.A.C.E.S may apply if the police have P.C.

Question 6

True/False:
If a person is not named in the warrant and circumstances justifying an arrest of that person do not exist, the police may search her for the objects named in the search warrant only if they have probable cause to believe that the objects are in her possession.

Answer 6

TRUE

Question 7

Mere presence at a place for which the police have a search warrant (does/does not) authorize a search of a person not named in the warrant.

Answer 7

DOES NOT

Question 8

A warrant must be based on a showing of ____ ____.

Answer 8

Probable Cause

Question 9

In submitting a request for a warrant, a police officer must also submit an ___ setting forth ____ ____ ___ so that the ___ can make a determination of probable cause independent of the officer’s conclusions.

Answer 9

Affidavit

Sufficient underlying circumstances

Magistrate

Question 10

True/False:

An affidavit submitted to a magistrate to determine PC may be based on an informant’s statements

Answer 10

TRUE

Question 11

What are the factors the magistrate will look to in determining if an informant’s statements are sufficient?

Answer 11

Reliability, credibility, and basis of knowledge

Question 12

Can probable cause for the issuance of a search warrant be based on hearsay?

Answer 12

Yes, if the information comes from a reliable informant

Question 13

Does a police officer need to submit the identity of the informant to the magistrate in order to secure a search warrant?

Answer 13

No

Question 14

True/False:
Police can always enter into someone’s residence without a warrant if the purpose is to make a felony arrest

Answer 14

False

Absent an emergency (or exigent circumstance) police may not enter into a home to conduct a warrantless search (Payton v. NY)

Question 15

True/False:
If police have reason to believe that someone is destroying evidence, they can enter into a home without a warrant.

Answer 15

True

Under the exigent circumstance doctrine, they may enter to prevent the destruction of evidence.

Question 16

Evidence that is the fruit of an unlawful arrest may not be used against the defendant at trial because of the ___ ____

Answer 16

Exclusionary Rule

Question 17

To be constitutionally valid, searches must be ____

Answer 17

Reasonable

Question 18

By giving ____, a police officer may search your home without a warrant

Answer 18

Consent

Question 19

___ must be given by one who appears to have an apparent ____ to use or occupy the premises and the search cannot go beyond the ____ of the consent given.

Answer 19

Consent

Right

Scope

Question 20

Consent is valid as long as the police ____ believed that the person who gave the consent had the ____ to do so, and the scope of the consent is limited only to areas to which a ____ person under the circumstances would believe it extends.

Answer 20

Reasonably

Authority

Reasonable

Question 21

After a ___ arrest, the police may make a warrantless search of a defendant’s ___ _____ as part of an established procedure incident to incarceration.

Answer 21

Valid

Personal Effects
(personal property/things)

Question 22

A warrantless search by police is valid if they have ____

Answer 22

Consent

Question 23

Can an owner of a home give the police consent to search the locked contents belonging to another person in the home (like their son or daughter?)

Answer 23

No.

Ownership of the house does not confer the right to use or gain access to items kept in a lockbbox/trunk/safe. because it shows that the “owner” of the home did not have right of use or access to it.

Question 24

What are the 6 exception to the warrant requirement?

Answer 24

S.P.A.C.E.S

Search Incident to a lawful arrest (need PC)

Plain View

Automobile Exception

Consent

Exigent Circumstances

Special Instances

Question 25

Outline the analysis of determining whether a search and seizure was constitutionally valid.

Answer 25

a. Does the defendant have a Fourth Amendment right? 1) Was there governmental conduct? 2) Did the defendant have a reasonable expectation of privacy? b. If so, did the police have a valid warrant? c. If the police did not have a valid warrant, was the search within one of the six exceptions to the warrant requirement?

Question 26

True/False: The 4th Am protects against searches/seizures by private persons and governmental agents

Answer 26

False Includes only the publicly paid officials.

Question 27

What are the two ways in which searches and seizures can implicate an individual’s Fourth Amendment rights:

Answer 27

(1) search or seizure by a government agent of a constitutionally protected area in which the individual had a reasonable expectation of privacy; or (2) physical intrusion by the government into a constitutionally protected area to obtain information (US v. Jones, GPS tracking)

Question 28

A person has a R.E.O.P when: (1) She owned or had a ___ to ____ of the place searched; (ii) The place searched was in fact her home, whether or not she owned or had a right to possession of it; or (iii) She was an ____ ____of the owner of the place searched [Minnesota v. Olson, 495 U.S. 91 (1990)].

Answer 28

Right,possession Overnight guest

Question 29

A person does not have a reasonable expectation of privacy in objects held out to the ____

Answer 29

Public

Question 30

Under the ___ ____doctrine, areas outside the ____are subject to police entry and search because these areas are “held out to the public” and are unprotected by the Fourth Amendment.

Answer 30

Open fields Curtilage (dwelling house and outbuildings)

Question 31

In determining whether open fields will be considered curtilage, the court will consider: (P.E.A.P) 1. the building’s _____ to the dwelling 2. whether it is within the same ____ 3. whether the building is used for ____ of the home 4. The steps taken by the resident to ___ the building from the view of passersby)

Answer 31

Proximity Enclosure (such as a fence) Activities Protect (Oliver v. US)

Question 32

True/False: The Fourth Amendment prohibits the warrantless search and seizure of garbage left for collection outside the curtilage of a home

Answer 32

False The Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home. (CA v. Greenwood)

Question 33

True/False: The police may fly over a field or yard to observe the area with the naked eye

Answer 33

True CA v. Ciraolo

Question 34

GR: A search conducted without a warrant will be ____ (and evidence discovered during the search must be ____ from evidence) unless it is within one of the six categories of permissible warrantless searches

Answer 34

Invalid Excluded

Question 35

To be valid, a warrant must: 1) Be issued by a ___ & ____ ____ 2) Be based on ___ ___ established from facts submitted to the magistrate by a government agent upon oath or affirmation; and 3) Particularly describe the ___ to be searched and the ____ to be seized.

Answer 35

Neutral & Detached Magistrate Probable Cause Place, Items

Question 36

A search warrant issued on the basis of an affidavit + PC will be invalid if the defendant establishes: 1. a ___ __ was included by the police officer 2. the police officer ___ or ___ included the false statement 3. the false statement was ___ to the finding of probable cause

Answer 36

False Statement Intentionally or Recklessly Material (Need all 3)

Question 37

Under US v. Leon, evidence obtained by police in __ __ on a facially valid warrant may be used by the prosecution, despite an ultimate finding that the warrant was not supported by__ __

Answer 37

Reasonable reliance Probable Cause

Question 38

Under Maryland v. Garrison, if police ____ believe there is only one apartment on the floor of a building, the warrant is not invalid if they discover, during the course of their search, that there are in fact two apartments on the floor. Indeed, any evidence police seize from the wrong apartment prior to the discovery of the error will be ____

Answer 38

Reasonably Admissible

Question 39

The Fourth Amendment (does/does not) bar searches of premises belonging to persons not suspected of crime, as long as there is ___ ___ to believe evidence of someone’s guilt (or something else subject to seizure) will be found.

Answer 39

Does Not Probable Cause

Question 40

GR: An officer executing a search warrant must ___ & ___ her authority and purpose and await admittance for a ____ time or be refused admittance before using force to enter the place to be searched.

Answer 40

Knock & announce Reasonable

Question 41

No announcement need be made if the officer has reasonable suspicion, based on facts, that knocking and announcing would be ___ or ____ or that it would _____.

Answer 41

Dangerous or futile inhibit the investigation (lead to the destruction of evidence_ (Richards v. Wisconsin)

Question 42

True/False: The Supreme Court has held that the exclusionary rule will be applied to cases where officers violate the knock and announce rule.

Answer 42

False

Question 43

The scope of the search is limited to what is ___ ___to discover the items described in the warrant.

Answer 43

Reasonably necessary

Question 44

True/False: When executing a warrant, the police generally may seize any contraband or fruits or instrumentalities of crime that they discover, whether or not specified in the warrant.

Answer 44

True

Question 45

The police may search the person and areas into which he might reach to obtain weapons or destroy evidence, also known as his ____.

Answer 45

Wingspan (Chimel v. California)

Question 46

The police may also make a ___ ___ of the area beyond the defendant’s wingspan if they believe accomplices may be present.

Answer 46

Protective sweep

Question 47

After arresting the occupant of an automobile, the police may search the interior of the auto incident to the arrest if at the time of the search: (1) The arrestee is ____ and ___ ____ ___ ____ to the interior of the vehicle; or (2) The police reasonably believe that ____ of the offense for which the person was arrested may be found in the vehicle.

Answer 47

Unsecured, Still May Gain Access Evidence (AZ v. Gant)

Question 48

In assessing whether a technological search (cepll phones, BAC) is valid, the court will balance the degree to which the search incident to arrest ____ upon a person’s privacy against the degree to which the search is needed to promote ___ ___ ___.

Answer 48

Intrudes Legitimate governmental interests.

Question 49

The Supreme Court has declared that people have a lesser expectation of privacy in their ____ than in their ___.

Answer 49

Vehicles Homes

Question 50

True/False: If a vehicle is parked within the curtilage (e.g., the driveway) of one’s home, the police may search the vehicle without a warrant under the Automobile Exception

Answer 50

False

Question 51

If the police have ___ ___to believe that a vehicle such as an automobile contains contraband or fruits, instrumentalities, or evidence of a crime, they (may/may not) search the vehicle without a warrant.

Answer 51

Probable Cause May

Question 52

If the police have probable cause to search a vehicle, they can search the ___ ____ and all containers within the vehicle that might contain the object for which they are searching.

Answer 52

Entire Vehicle (trunk too) US v. Ross

Question 53

True/False: The search of a vehicle is limited to only the driver and the driver's belongings

Answer 53

False because like a driver, a passenger has a reduced expectation of privacy in a vehicle. Wyoming v. Houghton

Question 54

In CA v. Acevedo, the Court held that if the police only have PC to search a container that was recently placed in a vehicle, they can search the container, but not ____

Answer 54

Other parts of the car

Question 55

True/False: Motor homes will never fall under the automobile exception

Answer 55

False. The automobile exception applies to motor homes if they are not at a fixed site. CA v. Carney

Question 56

Under the Plain View doctrine, police may make a warantless seizure when they: 1. Are ___ on the premises 2. Discover ____, ___, or ____ ___ ___ or ____ 3. See such evidence in ___ ___ and 4. Have __ __ to believe that the item is Evidence, fruits or instrumentalities of crime, or contraband

Answer 56

1. Legitmately 2. Evidence, fruits or instrumentalities of crime, or contraband 3. Plain view 4. Probable Cause AZ v. Hicks

Question 57

Police officers in ___ ___ of a fleeing felon may make a ___ search and seizure

Answer 57

Hot pursuit Warrantless

Question 58

True/False: Police may not follow a fleeing felon into private dwellings (their home), even if they have PC

Answer 58

False

Question 59

If a person is suspected of a ___ and not a ____, then an officer must consider whether there is an____ that justifies warantless entry.

Answer 59

Misdeameanor Felon Emergency (such as preventing imminent harm, destruction of evidence, or escape from the home)

Question 60

The police (may/may not) search an arrestee’s personal belongings in order to inventory them before incarceration.

Answer 60

May (IL. v. Lafeyette)