Test bank for criminal procedure 4th edition matthew lippman

Test Bank for Criminal Procedure, 4th Edition, Matthew Lippman,

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Lippman, Criminal Procedure, 4e SAGE Publishing, 2020

Chapter 6: Searches and Seizures of Property Test Bank Multiple Choice 1. The reasonableness clause is a component of the ______ Amendment.

A. Fourth B. Fifth C. Sixth D. Eighth Ans: A Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 2. Historically, the U.S. Supreme Court has preferred that searches be conducted with a warrant issued by a ______.

A. police officer B. police chief C. district attorney D. magistrate or judge Ans: D Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 3. In which of the following court cases did the court reason that the question of whether there is probable cause to justify a search is best answered by a “neutral and detached magistrate?”

A. Johnson v. United States B. Harris v. United States C. United State v. Grubbs D. Maryland v. Harrison Ans: A Cognitive Domain: Application Answer Location: Introduction Difficulty Level: Medium 4. All of the following are standard details given in a warrant application to fulfill the particularity requirement except ______.

A. the specific address to be searched B. specific locations at an address (e.g., bedroom, garage)

Lippman, Criminal Procedure, 4e SAGE Publishing, 2020

C. the item to be searched for and/or seized D. the method of searching to be used Ans: D Cognitive Domain: Application Answer Location: Search Warrants Difficulty Level: Medium 5. The particularity requirement must identify which of the following?

A. place to be searched B. persons subject to search or seizure C. demographic characteristics of persons affected by the warrant D. the name of the issuing judge Ans: A Cognitive Domain: Application Answer Location: Search Warrants Difficulty Level: Medium 6. In Coolidge v. New Hampshire, the Supreme Court held that a warrant issued by the ______ of New Hampshire was invalid.

A. judge B. police officer C. attorney general D. magistrate Ans: C Cognitive Domain: Knowledge Answer Location: Search Warrants Difficulty Level: Easy 7. In which of the following court cases did the U.S. Supreme Court uphold the reasonableness of anticipatory search warrants?

A. United States v. Grubbs B. Maryland v. Harrison C. United States v. Prout D. Coolidge v. New Hampshire Ans: A Cognitive Domain: Application Answer Location: Search Warrants Difficulty Level: Medium 8. The particularity requirement requires specificity of ______.

A. the address/location B. the name of the individual affected C. the name of the officer involved D. the name of the judge Ans: A Cognitive Domain: Knowledge

Lippman, Criminal Procedure, 4e SAGE Publishing, 2020

Answer Location: Search Warrants Difficulty Level: Easy 9. Rule 41(2)(A)(ii) of the Federal Rules of Criminal Procedure requires that all searches must be carried out within ______.

A. 5 days B. 10 days C. 15 days D. 20 days Ans: B Cognitive Domain: Knowledge Answer Location: Search Warrants Difficulty Level: Easy 10. Warrants authorizing the interception of any wire, oral, or electronic communication must include all of the following except ______.

A. race of the applicant B. details of the offense C. the identity of the individual whose conversation is to be intercepted D. arrangements for storage of intercepted communications Ans: A Cognitive Domain: Application Answer Location: Search Warrants Difficulty Level: Medium 11. The procedural rule requiring officers to make their presence known before entering a home is known as the ______ rule.

A. informed-entry B. knock-and-announce C. safe-entry D. reasonable-entry Ans: B Cognitive Domain: Knowledge Answer Location: Knock and Announce Difficulty Level: Easy 12. All of the following are explanations frequently cited as justification for the knockand-announce rule except ______.

A. minimization of neighborhood fear of police B. prevention of violence against the officers C. protection of privacy for the occupants D. prevention of destruction of property Ans: A Cognitive Domain: Application Answer Location: Knock and Announce Difficulty Level: Medium

Lippman, Criminal Procedure, 4e SAGE Publishing, 2020

13. All of the following are situations listed in the Wilson v. Arkansas court case where the knock-and-announce rule is not required except ______.

A. there exists a threat of physical violence B. a prison has escaped and fled into the home C. it is reasonably expected the suspect will attempt to flee D. it is reasonably expected that evidence will be destroyed Ans: C Cognitive Domain: Application Answer Location: Knock and Announce Difficulty Level: Medium 14. Which of the following best describes the rules addressing how long officers must wait after a knock and announcement before breaking into a building?

A. Officers must knock and announce once, then wait about 15 s.

B. Officers must knock and announce twice, then wait about 15 s.

C. Officers must knock and announce once, then wait at least 1 min.

D. Officers must knock and announce once. The wait time depends on the situation at hand.

Ans: D Cognitive Domain: Application Answer Location: Knock and Announce Difficulty Level: Medium 15. The knock-and-announce rule has roots in ______ law.

A. Spanish B. English C. Roman C. Greek Ans: B Cognitive Domain: Knowledge Answer Location: Knock and Announce Difficulty Level: Easy 16. In which of the following cases did the court conclude that police officers are never required to knock and announce their presence when executing a search warrant in a felony drug investigation?

A. Wilson v. Arkansas B. United States v. Banks C. Carroll v. Carman D. Richards v. Wisconsin Ans: A Cognitive Domain: Application Answer Location: Knock and Announce Difficulty Level: Medium

Lippman, Criminal Procedure, 4e SAGE Publishing, 2020

17. All of the following are explanations typically offered for the knock-and-announce rule except ______.

A. the rule protects against individuals mistakenly believing their home is being burglarized and acting in self-defense against the intruders B. the occupants of the home are able to prepare for the entry of the police and avoid embarrassment C. the police are voluntarily dismissed and are not forced to knock down the door and destroy property D. police are burdened by the requirement to announce their presence before entering the dwelling of another Ans: D Cognitive Domain: Application Answer Location: Knock and Announce Difficulty Level: Medium 18. Which of the following is a reasonable amount of time to wait before an officer forcibly enters the home after notifying the inhabitants of his presence?

A. 30 s B. up to 5 min C. up to 10 min D. The amount of time varies with the circumstances.

Ans: C Cognitive Domain: Application Answer Location: Knock and Announce Difficulty Level: Medium 19. All of the following are standard justifications for allowing a warrantless search incident to arrest except ______.

A. maintain the safety of the officer B. maintain the safety of the suspect C. prevent the suspect from fleeing D. prevent the concealment of evidence Ans: B Cognitive Domain: Application Answer Location: Searches Incident to an Arrest Difficulty Level: Medium 20. Which of the following searches incident to arrest is most likely to be ruled unconstitutional?

A. An officer arrests the suspect in his bedroom and searches under his bed.

B. An officer arrests the suspect in a diner and searches the pockets of his coat on the seat next to him.

C. An officer arrests a suspect who was driving his car and searches a backpack in the back seat.

D. An officer arrests a suspect who was driving his car and searches the trunk of the car.

Lippman, Criminal Procedure, 4e SAGE Publishing, 2020

Ans: D Cognitive Domain: Application Answer Location: Searches Incident to an Arrest Difficulty Level: Medium 21. The area of immediate control is commonly referred to as the ______.

A. plain view area B. grab area C. unsafe area D. proximate area Ans: B Cognitive Domain: Knowledge Answer Location: Searches Incident to an Arrest Difficulty Level: Easy 22. In which of the following cases did the Supreme Court define the scope of a search incident to an arrest?

A. Chimel v. California B. Riley v. California C. Rawlings v. Kentucky D. Paulino v. State Ans: A Cognitive Domain: Application Answer Location: Searches Incident to an Arrest Difficulty Level: Medium 23. Which of the following court causes is viewed as a significant exception to the contemporaneous requirement?

A. Chimel v. California B. Rawlings v. Kentucky C. United States v. Edwards D. Preston v. United States Ans: C Cognitive Domain: Application Answer Location: Searches Incident to an Arrest and the Contemporaneous Requirement Difficulty Level: Medium 24. A search incident to an arrest is required to be ______ A. contemporaneous B. stale C. unlawful D. constitutionally protected Ans: A Cognitive Domain: Comprehension

Lippman, Criminal Procedure, 4e SAGE Publishing, 2020

Answer Location: Searches Incident to an Arrest and the Contemporaneous Requirement Difficulty Level: Easy 25. Which of the following searches should be considered constitutional after a search incident to arrest of the driver of a car?

A. a search of a gym bag sitting on the back seat B. a search of a locked box sitting on the front passenger seat C. a search of an unlocked toolbox in the trunk D. a search of the pockets of a jacket in the trunk Ans: A Cognitive Domain: Application Answer Location: Searches of the Area of Immediate Control and Automobiles Difficulty Level: Medium 26. Which of the court cases significantly modified the bright-line rule?

A. Arizona v. Gant B. New York v. Belton C. United States v. Robinson D. Chimel v. California Ans: A Cognitive Domain: Application Answer Location: Searches of the Area of Immediate Control and Automobiles Difficulty Level: Medium 27. All of the following are reasons the U.S. Supreme Court adopted the bright-line rule in regard to a search incident to arrest except ______.

A. the courts do not have the resources to review every search incident to arrest B. officers should not be forced to judge reasonableness in that manner C. officer safety is of utmost importance D. arrestees have lost a degree of personal privacy Ans: B Cognitive Domain: Application Answer Location: Misdemeanors and Searches Incident to an Arrest Difficulty Level: Medium 28. The Supreme Court decisions in ______ established the bright-line rule.

A. Chimel and Gant B. Gant and Belton C. Robinson and Gustafson D. Knowles and Gant Ans: C Cognitive Domain: Knowledge Answer Location: Misdemeanors and Searches Incident to an Arrest Difficulty Level: Easy

Lippman, Criminal Procedure, 4e SAGE Publishing, 2020

29. To pass constitutional muster, consent given to allow for a consent search must be all but which of the following?

A. voluntary B. not a result of implied coercion C. not a result of duress D. a result of expressed coercion Ans: B Cognitive Domain: Application Answer Location: Consent Searches Difficulty Level: Medium 30. Voluntariness, as required for consent, is determined using which test?

A. the consent test B. the objective person rule C. totality of the circumstances D. probable cause Ans: C Cognitive Domain: Comprehension Answer Location: Consent Searches Difficulty Level: Easy 31. What level of proof is needed to establish that a suspect consented to a voluntary search?

A. beyond a reasonable doubt B. probable cause C. preponderance of the evidence D. reasonable suspicion Ans: C Cognitive Domain: Comprehension Answer Location: Consent Searches Difficulty Level: Easy 32. Which actor in the criminal justice system is required to prove voluntariness of consent?

A. prosecutor B. judge C. searching officer D. arresting officer Ans: A Cognitive Domain: Knowledge Answer Location: Consent Searches Difficulty Level: Easy 33. In which of the following scenarios voluntary consent to submit to a search will most likely be found except ______.

A. a suspect is taken into custody and then consents to a search of his vehicle

Lippman, Criminal Procedure, 4e SAGE Publishing, 2020

B. a suspect grants permission after being asked once but is not informed that he can refuse C. a suspect gives verbal permission to search his bag but then refuses to sign a consent form D. a suspect with a moderately long criminal record is asked once for permission and grants it Ans: A Cognitive Domain: Application Answer Location: Consent Searches Difficulty Level: Medium 34. In which of the following scenarios is it most likely that voluntary consent to submit to a search will be found?

A. An officer asks a suspect 6 times for permission before he grants it.

B. A suspect refuses to answer an officer’s request for permission but then does not object when the officer searches his bag.

C. Police interrogate an elderly suspect for 12 straight hours before asking once for permission to search and he grants it.

D. A suspect voluntarily turns himself in to the police and submits to a search in the police station after being taken into custody.

Ans: D Cognitive Domain: Application Answer Location: Consent Searches Difficulty Level: Medium 35. Upon which party does the burden of proof rest and to what degree must it be established in an attempt to establish the voluntariness of a consent search?

A. The prosecution must prove voluntariness by a preponderance of the evidence.

B. The prosecution must prove voluntariness beyond a reasonable doubt.

C. The defendant must prove voluntariness by a preponderance of the evidence.

D. The defendant must prove voluntariness beyond a reasonable doubt.

Ans: A Cognitive Domain: Comprehension Answer Location: Consent Searches Difficulty Level: Medium 36. A young man was walking home at night when he passed a police car. The officer inside had previously arrested the young man for drug possession. The young man raised his hands in the air and proclaimed that he was clean this time. The officer got out of the car and began to search the young man. Did the young man consent to the search?

A. Yes, his actions indicated he was willing to prove to the officer he was clean.

B. Yes, he didn’t put up a fight of any sort.

C. No, the officer failed to have him sign a waiver.

D. No, consent must be unequivocal and specific.

Ans: D

Lippman, Criminal Procedure, 4e SAGE Publishing, 2020

Cognitive Domain: Application Answer Location: Consent Searches Difficulty Level: Medium 37. The U.S. Supreme Court has held that “______” is the standard for measuring the scope of consent to a search.

A. objective reasonableness B. subjective reasonableness C. officer interpretation D. reasonable interpretation Ans: A Cognitive Domain: Comprehension Answer Location: The Scope of a Consent Search Difficulty Level: Easy 38. Which of the following statements regarding consent searches is true?

A. The more requests that are made, the more likely it is that there is voluntary consent.

B. An individual who voluntarily turns himself or herself in to the police is less likely to have cooperated with the police.

C. A refusal to sign a form is considered to be controlling instances in which a defendant verbally agrees to a consent search.

D. An individual who receives a warning is less likely to have been coerced into a waiver.

Ans: D Cognitive Domain: Application Answer Location: Consent Searches Difficulty Level: Medium 39. Which of the following court cases highlighted the lack of consent?

A. Commonwealth v. McGrath B. State v. Tye C. People v. Jefferson D. United States v. Knope Ans: A Cognitive Domain: Application Answer Location: Consent Searches Difficulty Level: Medium 40. The U.S. Supreme Court has held what in regard to the search of a suspect’s crotch area?

A. Consent to search a person includes any area of the body.

B. Consent to search a person includes any outer area but not the body cavities.

C. Special permission must be obtained to search an individual’s crotch area.

D. Officers must obtain specific permission from the individual to search any body part.

Ans: B Cognitive Domain: Comprehension

Lippman, Criminal Procedure, 4e SAGE Publishing, 2020

Answer Location: The Scope of a Consent Search Difficulty Level: Easy 41. If an individual grants consent to search his or her home then later withdraws it, the officers ______.

A. must stop immediately B. must stop immediately and return any seized items C. may finish searching their immediate area D. may disregard the withdrawal of consent Ans: A Cognitive Domain: Comprehension Answer Location: Withdrawal of Consent Difficulty Level: Easy 42. Two roommates share an apartment, sharing all rooms except their separate bedrooms. One roommate can grant consent to search all of the following rooms except ______.

A. living room B. kitchen C. bathroom D. the second roommate’s bedroom Ans: D Cognitive Domain: Application Answer Location: Third-Party Consent Difficulty Level: Medium 43. Which of the following searches should be considered constitutional?

A. A wife consents to search of her and her husband’s entire home, even though he is not present; police search the entire home.

B. A wife consents to a search of her home although her husband, who is present, denies consent; police search the living room and then leave.

C. A roommate consents to a search of his dorm room, even though the other occupant is not there; police search the entire room, including both roommates’ desks.

D. A roommate consents to a search of his roommates rooms but not his own.

Ans: A Cognitive Domain: Application Answer Location: Third-Party Consent Difficulty Level: Medium 44. Which of the following authority to consent examples is accurate?

A. A landlord may consent to the search of a tenant’s apartment.

B. A motel clerk may consent to the search of a room that has been rented out.

C. A parent may consent to the search of those areas under the control of a juvenile, such as a bedroom.

D. An employer may give consent to search of all areas of their business offices, including locked desk drawers.

Lippman, Criminal Procedure, 4e SAGE Publishing, 2020

Ans: C Cognitive Domain: Application Answer Location: Third-Party Consent Difficulty Level: Medium 45. What standard of proof is required for police to search an automobile using the automobile exception?

A. beyond a reasonable doubt B. probable cause C. preponderance of the evidence D. reasonable suspicion Ans: B Cognitive Domain: Knowledge Answer Location: Probable Cause Searches of Motor Vehicles Difficulty Level: Easy 46. Police observe a suspect with a bag they believe (with probable cause) to be carrying drugs. The suspect places the bag in the trunk of the car and drives away.

When the police stop the vehicle, where can they look to find the drugs?

A. Anywhere in the car drugs can be hidden.

B. on the suspected person and in the trunk C. on the suspected person and in the bag in the trunk D. They cannot stop him until they get a warrant.

Ans: C Cognitive Domain: Application Answer Location: Probable Cause Searches of Motor Vehicles Difficulty Level: Medium 47. In which of the following cases did the Supreme Court establish the automobile exception?

A. Carroll v. United States B. California v. Carney C. Texas v. White D. Chambers v. Maroney Ans: A Cognitive Domain: Application Answer Location: Probable Cause Searches of Motor Vehicles Difficulty Level: Medium 48. Which of the following court cases ruled that police may enter a dwelling without a warrant to prevent the destruction of evidence or in hot pursuit of a fleeing suspect or in response to a threat to the public safety?

A. Terry v. Ohio B. Arizona v. Hicks C. State v. Shamblin D. Cupp v. Murphy

Lippman, Criminal Procedure, 4e SAGE Publishing, 2020

Ans: D Cognitive Domain: Application Answer Location: Other Warrantless Searches Difficulty Level: Medium 49. All of the following are true regarding inventory searches except ______.

A. unlawful items found can be used as evidence at trial B. they cannot be used as a pretext for an investigative search C. an inventory is a reasonable administrative procedure under the Fourth Amendment D. officers are required to have reasonable suspicion to inventory the contents of a container Ans: D Cognitive Domain: Application Answer Location: Inventories Difficulty Level: Medium 50. The concern over officer subjective motivation is not a concern of the Fourth Amendment but the Equal Protection Clause of the ______ Amendment.

A. First B. Fifth C. Ninth D. Fourteenth Ans: D Cognitive Domain: Comprehension Answer Location: Chapter Summary Difficulty Level: Easy True/False 1. Requiring the police to obtain a warrant before undertaking every search may endanger the police and public.

Ans: T Cognitive Domain: Comprehension Answer Location: Introduction Difficulty Level: Easy 2. One aspect of a granted warrant may be that it must be carried out at a certain time of day.

Ans: T Cognitive Domain: Knowledge Answer Location: Search Warrants Difficulty Level: Easy 3. The particularity requirement requires that a warrant set forth the demographic characteristics of the applicant.

Ans: F

Lippman, Criminal Procedure, 4e SAGE Publishing, 2020

Cognitive Domain: Comprehension Answer Location: Search Warrants Difficulty Level: Easy 4. Warrants should be issued by an objective magistrate or judge or individual with the ability to determine probable cause.

Ans: T Cognitive Domain: Knowledge Answer Location: Search Warrants Difficulty Level: Easy 5. The U.S. Supreme Court has held that officers need not knock and announce when investigating drug crimes due to the ease of destruction of evidence in such cases.

Ans: F Cognitive Domain: Knowledge Answer Location: Knock and Announce Difficulty Level: Easy 6. The U.S. Supreme Court has held that only weapons, narcotics, and other items that have an “immediately apparent” connection to a crime can be seized as a result of a search incident to arrest.

Ans: F Cognitive Domain: Comprehension Answer Location: Searches Incident to an Arrest Difficulty Level: Medium 7. The Supreme Court held that when an individual is arrested, it is reasonable for an officer to search the person arrested.

Ans: T Cognitive Domain: Comprehension Answer Location: Searches Incident to an Arrest Difficulty Level: Medium 8. The area of immediate control commonly is referred to as the grab area or lunging area.

Ans: T Cognitive Domain: Comprehension Answer Location: Searches Incident to an Arrest Difficulty Level: Medium 9. A search incident to an arrest is required to be contemporaneous with the arrest.

Ans: T Cognitive Domain: Comprehension Answer Location: Searches Incident to an Arrest and the Contemporaneous Requirement Difficulty Level: Medium

Lippman, Criminal Procedure, 4e SAGE Publishing, 2020

10. When arresting a suspect for a misdemeanor, the officer must have reasonable suspicion to believe the suspect is dangerous to conduct a search incident to arrest.

Ans: F Cognitive Domain: Comprehension Answer Location: Misdemeanors and Searches Incident to an Arrest Difficulty Level: Medium 11. If a suspect is given a citation for an offense for which they could have been arrested, the issuing officer can conduct a “search incident to citation” just as a search incident to arrest.

Ans: F Cognitive Domain: Comprehension Answer Location: Misdemeanors and Searches Incident to an Arrest Difficulty Level: Medium 12. An officer’s subjective motivations need not be considered in regard to the Fourth Amendment justifications for an arrest.

Ans: T Cognitive Domain: Comprehension Answer Location: Pretext Arrests and Searches Incident to an Arrest Difficulty Level: Easy 13. The U.S. Supreme Court has ruled that officers are required to inform individuals of their rights to refuse to consent to a search.

Ans: F Cognitive Domain: Knowledge Answer Location: Consent Searches Difficulty Level: Easy 14. Knock and talk searches are always considered constitutional, even when police officers are drawing their weapons.

Ans: F Cognitive Domain: Comprehension Answer Location: Consent Searches Difficulty Level: Easy 15. An individual consenting to a search is allowed to limit where and for what an officer may search.

Ans: T Cognitive Domain: Comprehension Answer Location: The Scope of a Consent Search Difficulty Level: Easy 16. In general, courts require a clear, unambiguous, and unequivocal act or statement of withdrawal of consent.

Lippman, Criminal Procedure, 4e SAGE Publishing, 2020

Ans: T Cognitive Domain: Comprehension Answer Location: Withdrawal of Consent Difficulty Level: Easy 17. A search will likely be deemed constitutional if police obtained permission from an individual that they reasonably but mistakenly believed to have common authority in a home.

Ans: T Cognitive Domain: Comprehension Answer Location: Third-Party Consent Difficulty Level: Easy 18. An employer may give consent to a search of all areas other than those with a high expectation of privacy, such as a locked desk drawer in an office.

Ans: T Cognitive Domain: Comprehension Answer Location: Third-Party Consent Difficulty Level: Easy 19. The U.S. Supreme Court has justified the automobile exception, stating that vehicles are subject to regulation such as registration and safety regulations.

Ans: T Cognitive Domain: Knowledge Answer Location: Probable Cause Searches of Motor Vehicles Difficulty Level: Easy 20. Police may not use the automobile exception to search an automobile that serves as either a temporary or permanent home.

Ans: F Cognitive Domain: Knowledge Answer Location: Probable Cause Searches of Motor Vehicles Difficulty Level: Easy Short Answer 1. Identify a few of the types of searches reviewed in the text.

Ans: Varies.

Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 2. What is the particularity requirement?

Ans: The particularity requires that the warrant describe with particularity the “things” to be seized and the specific address to be searched.

Cognitive Domain: Comprehension

Lippman, Criminal Procedure, 4e SAGE Publishing, 2020

Answer Location: Search Warrants Difficulty Level: Easy 3. Identify some of the contents of warrants that authorize the interception of any wire, oral, or electronic communication.

Ans: Varies.

Cognitive Domain: Comprehension Answer Location: Search Warrants Difficulty Level: Easy 4. Explain when it is reasonable for the police to break down the door to a home.

Ans: Physical violence/prison escape/destruction of evidence.

Cognitive Domain: Comprehension Answer Location: Knock and Announce Difficulty Level: Easy 5. Identify the three explanations that typically are offered for the knock-and-announce rule.

Ans: Violence, privacy, destruction of property.

Cognitive Domain: Comprehension Answer Location: Knock and Announce Difficulty Level: Easy 6. Identify the three purposes of searches incident to an arrest.

Ans: Safety, resist arrest, evidence. Students should explain each one.

Cognitive Domain: Comprehension Answer Location: Searches Incident to an Arrest Difficulty Level: Easy 7. The Supreme Court decisions in Robinson and Gustafson establish a bright-line rule.

The fact of an arrest authorizes a search incident to an arrest regardless of the offense for which a suspect is arrested. Why did the Supreme Court adopt this bright-line approach?

Ans: Judicial review/safety/evidence/privacy.

Cognitive Domain: Comprehension Answer Location: Misdemeanors and Searches Incident to an Arrest Difficulty Level: Easy 8. What are some of the factors considered in determining whether the totality of the circumstances indicates that the defendant voluntarily consented to a search?

Ans: Students should mention some of the following: coercive police procedures, requests for consent, custody, awareness of the right to refuse, experience in the criminal justice system, consent to search form, Miranda warning, and seizure of contraband.

Cognitive Domain: Comprehension Answer Location: Consent Searches

Lippman, Criminal Procedure, 4e SAGE Publishing, 2020

Difficulty Level: Easy 9. What are the differences between actual authority and apparent authority, and how do these concepts impact third-party consent to searches?

Ans: Common authority/third-party consent/apparent authority/third-party consent.

Cognitive Domain: Comprehension Answer Location: Third-Party Consent Difficulty Level: Easy 10. How can you differentiate the warrantless search of an automobile from the warrant requirement to search luggage outside the automobile?

Ans: Unlike an automobile, whose primary function is transportation, luggage is intended as a repository of personal effects.

Cognitive Domain: Comprehension Answer Location: Probable Cause Searches of Containers in Automobiles Difficulty Level: Easy Essay 1. Explain the knock-and-announce rule. Where did it originate from? What are some of the explanations that are offered for the rule and in which situations is the rule not required?

Ans: Students should refer to the “Knock and Announce” section of the text to answer this question.

Cognitive Domain: Comprehension Answer Location: Knock and Announce Difficulty Level: Medium 2. Explain the concept and justifications for warrantless searches incident to arrest. How does this concept apply to automobiles? What can and cannot be searched in an automobile? Why? Ans: A search incident to an arrest as established in Arizona v. Gant permits the contemporaneous search of the passenger compartment of an automobile and any containers within the passenger compartment.

Cognitive Domain: Comprehension Answer Location: Searches of the Area of Immediate Control and Automobiles Difficulty Level: Medium 3. Determining whether the consent is truly voluntarily given can be tricky. Explain some of the rules/guidelines the Court has used in the past. Imagine this hypothetical: A suspect is pulled over by the police. He has a moderately long rap sheet. Police approach the vehicle and think they smell marijuana and ask once for permission to search the vehicle. The suspect appears nervous but then says, “Yeah, whatever.” Has the suspect truly given voluntary consent? Explain and support your answer.

Ans: Student should note some of the factors a court might look to in order to establish voluntariness and apply them to the facts given in the hypothetical.

Test Bank for Criminal Procedure, 4th Edition, Matthew Lippman, Lippman, Criminal Procedure, 4e SAGE Publishing, 2020

Cognitive Domain: Analysis Answer Location: Consent Searches Difficulty Level: Hard 4. Give examples of both constitutional and unconstitutional knock-and-talk searches.

Ans: Most courts approve of knock-and-talk searches on the grounds that the police, by knocking on an individual’s door, are doing no more than any citizen might do and are not violating a resident’s expectation of privacy. The police may conduct a “knock and talk” at any entrance that is open to visitors rather than only at the front door. See Carroll v. Carman, 574 U.S. 135 S. Ct. 348 (2014). These types of searches have been held unconstitutional when the police pressure a resident by drawing their weapons or threatening or coercing the resident or when the police enter into an area of the home with an expectation of privacy without a warrant (United States v. Thomas, 430 F.3d 274 [6th Cir. 2005]).

Cognitive Domain: Application Answer Location: Consent Searches Difficulty Level: Hard 5. What is the purpose of an inventory, and why is warrant not required in order for one to be conducted?

Ans: Inventory is not undertaken to investigate criminal activity. Its purpose is to deter false claims of theft by police, protect property against theft by police, prevent arrestees from injuring themselves with items smuggled into lockup, and confirm or ascertain an individual’s identity.

Cognitive Domain: Comprehension Answer Location: Inventories Difficulty Level: Medium

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