Bakersfield College
Crim B4
Constitutional Criminal Procedure
Quiz 3
Name______Date Due: 2/18/16
Select the best answer. Use a Scantron 882E.
Chapter 5
1. The most basic requirement concerning searches incident to arrest—and one that is often overlooked—is that the arrest itself must be lawful.
a. True
b. False
2. Any arrest justifies a warrantless search incident to that arrest.
a. True
b. False
3. Chimel v. California found that the full search of the house was unreasonable, but a search of the arrestee was permitted “to remove any weapons that the [arrestee] might seek to use in order to resist arrest or effect his escape.”
a. True
b. False
4. The Supreme Court upheld that the seriousness of the crime does influence searches incident to arrest and found that a pat-down of the suspect’s outer clothing was not permissible following an arrest for driving with a revoked license.
a. True
b. False
5. Hot pursuit is always justified when the suspect may escape or inflict harm on police officers or others.
a. True
b. False
6. Because of the inherent mobility of vehicles, it is impractical to obtain warrants.
a. True
b. False
7. Because vehicles are typically operated in public spaces, the Court has held that people have more of an expectation of privacy
a. True
b. False
8. Automobile searches can lawfully occur without a warrant and without probable cause.
a. True
b. False
9. Planes are considered automobiles for Fourth Amendment warrantless search purposes.
a. True
b. False
10. The police no longer must have lawful access to an object in order to seize it under the plain view exception to the Fourth Amendment’s warrant requirement.
a. True
b. False
11. The four types of warrantless searches are (1) searches incident to an arrest, (2) searches conducted under exigent circumstances, (3) searches involving automobiles, and (4) searches based on the “plain view” doctrine.
a. True
b. False
12. A law enforcement officer must have reasonable suspicion in order to engage in a protective sweep.
a. True
b. False
13. When exigent circumstances are present, the police still need to abide by the Fourth Amendment’s warrant requirement.
a. True
b. False
No questions relating to Chapter 6. (We are discussing Terry v. Ohio and a Case Brief is due.)
Chapter 7 Actions Based on Administrative Justification and Consent
14. When are warrantless vehicle inventories permissible?
a. Following a lawful impoundment
b. When they follow standard operating procedures
c. When they are not pretextual
d. All of the above
15. Which of the following is NOT a reason in support of vehicle inventories?
- An inventory protects the owner’s property while it is in police custody.
- An inventory protects the police against claims of lost or stolen property.
- They make the police’s job easier.
- An inventory protects the police and public from dangerous items (such as weapons) that might be concealed in a car.
16. Which of the following are permissible if, among other requirements, they follow standard departmental operating procedures?
a. Person inventories
b. Vehicle inventories
c. Body cavity inspections
d. All of the above
17. The general rule is that the police may search an arrestee and his or her personal items, including ______found in his or her possession, as part of a routine inventory incident to the booking and jailing procedure.
a. containers
b. passenger’s containers
c. outer clothing only
d. None of the above
18. Border checkpoints have been upheld:
a. on the nation’s waterways.
b. at international borders.
c. at checkpoints well inside the nation’s borders.
d. all of the above.
19. The balancing test used to justify administrative searches involves weighing citizens’ privacy interests with the government’s interest in:
a. controlling crime.
b. detecting evidence of law violations.
c. protecting public safety.
d. increasing arrests rates.
20. Which of the following can be considered administrative “searches”?
a. Inspections
b. Stop and frisks
c. Consent searches
d. Stationhouse detentions
21. In which case did the Supreme Court sanction sobriety checkpoints?
a. Carroll v. United States
b. Michigan Dept. of State Police v. Sitz
c. Delaware v. Prouse
d. United States v. Villamonte-Marquez
22. The Supreme Court sanctioned fire inspections (Michigan v. Tyler).
a. True
b. False
23. The Supreme Court has authorized warrantless inspections of:
a. firearms dealerships.
b. vehicle junkyards.
c. closely regulated businesses.
d. all of the above.
24. The Supreme Court sanctioned sobriety checkpoints.
a. True
b. False
25. Which of the following can be considered constitutional checkpoints?
a. Border checkpoints
b. Sobriety checkpoints
c. Illegal immigrant checkpoints
d. All of the above
26. Which of the following is an unconstitutional checkpoint?
a. Border checkpoint
b. Sobriety checkpoint
c. License and safety checkpoint
d. Suspicionless checkpoints for detecting illegal drugs
27. Checkpoints for the purpose of detecting evidence of criminal activity are constitutional?
a. True
b. False
28. In O’Connor v. Ortega the Supreme Court ruled thatsearches of government employees’ offices are acceptable if they are limited to detecting:
a. evidence of criminal activity.
b. evidence of work-related misfeasance.
c. work-related documents.
d. personal effects.
29. Which of the following is a type of drug and alcohol testing NOT sanctioned by the Supreme Court?
a. Employee testing
b. Student testing
c. Hospital patient testing
d. None of the above
30. Searching a probationer’s home without a warrant and based on reasonable suspicion is constitutional?
a. True
b. False
31. Which of the following is a search that requires no justification at all?
a. Inspection
b. Checkpoint
c. Drug test
d. Consent search
32. A controversial law enforcement practice used to obtain consent to search in the absence of probable cause is called:
a. knock and ask.
b. knock and demand.
c. knock and talk.
d. knock and search.
33. The Supreme Court has sanctioned school disciplinary searches for which grades?
a. K-6
b. K-9
c. K-12
d. All grades and public college
34. For consent to be constitutionally valid, it must be:
a. voluntary.
b. not the result of duress.
c. freely given.
d. all of the above.
35. Police entering a residence on the consent of a third party is subject to which doctrine?
a. Apparent authority
b. Third party
c. Warrantless objective
d. Ferreting out crime