Themis Essay 5388

Question 1

The Fourth Amendment to the United States Constitution, which is applicable through the Fourteenth Amendment, protects

Answer 1

persons from unreasonable searches and seizures.

Question 2

A person is seized when

Answer 2

he submits to a police officer’s show of authority.

Question 3

A temporary detention for the purpose of a criminal investigation is a

Answer 3

“stop,” and not an arrest, but is still a seizure for Fourth Amendment purposes.

Question 4

A stop is a limited and temporary intrusion on

Answer 4

an individual’s freedom of movement short of a full custodial arrest.

Question 5

A police officer may stop a person when the officer has

Answer 5

reasonable suspicion, based upon articulable facts and in light of the totality of the circumstances, that the detainee is involved in illegal activity.

Question 6

Officers must have an articulable, __________________ _____________________ of a violation of the law in order to stop an automobile.

Answer 6

reasonable suspicion

Question 7

When an officer has probable cause to believe that the driver of the vehicle has committed a traffic infraction, then the officer may stop the vehicle, even though

Answer 7

the officer’s true purpose in doing so was to investigate the commission of an unrelated crime for which the officer lacked reasonable suspicion (i.e., a pretextual stop).

Question 8

Evidence seized during a search in violation of the Fourth Amendment is

Answer 8

inadmissible against the victim of the search.

Question 9

Only unreasonable searches and seizures are subject to

Answer 9

Fourth Amendment protections.

Question 10

Warantless searches are per se unreasonable searches unless

Answer 10

the search satisfies one of the exceptions to the warrant requirement.

Question 11

Voluntary consent of the person who has actual or apparent authority to consent to the search of the property eliminates the need for

Answer 11

police to obtain a warrant to conduct a search.

Question 12

A bailee may consent to the search of property over which he

Answer 12

is properly exercising control.

Question 13

In determining whether a person’s response constitutes consent, courts evaluate

Answer 13

the totality of the circumstances in which the response is made.

Question 14

Consent to search a vehicle will not be invalidated by

Answer 14

the failure by police to inform the person from whom consent is sought that he has the right to withhold consent.

Question 15

A possession offense does not require proof of actual physical possession of the prohibited object, but may be established by

Answer 15

constructive possession of the object.

Question 16

Constructive possession may be proved by evidence of

Answer 16

acts, declarations, or conduct of the accused from which a fair inference may be drawn that he knew of the existence of the prohibited object at the place where it was found.

Question 17

A defendant is not required to be aware that possession of an object is illegal in order to be

Answer 17

guilty of a possession offense.