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Question 1
Officer Brady hates doing paperwork, and warrants require lots of paperwork. He also hate criminals and want to see one in particular, known locally as Stereo Sam, put away. So shift after shift he sits in his car on the street outside Stereo Sam's garage, hoping for a glimpse of the stolen goods he believes are being kept there. Sure enough, one lonely Saturday night Officer Brady observes Stereo Sam open his garage door and place 14 car stereos in a pile in the corner. He jumps from his patrol car (accidentally dropping his donut from his lap as he does so) arrests Sam and seizes the evidence. At Stereo Sam's criminal trial the seized evidence should be:
Correct
Incorrect!
Correct
Incorrect!
Correct No search warrant is required to seize evidence observed in plain view if the police are legitimately in the area from which the observation is made. While Brady's time staking out the garage might not have been time well-spent, he viewed the stolen goods from a public location and could rightly seize the stolen stereos as evidence.
Incorrect! No search warrant is required to seize evidence observed in plain view if the police are legitimately in the area from which the observation is made. While Brady's time staking out the garage might not have been time well-spent, he viewed the stolen goods from a public location and could rightly seize the stolen stereos as evidence.
Correct
Incorrect!
Question 2
On a warm summer night Officer Dozey is half-asleep in his unmarked police car on Main Street with the windows rolled down to catch to summer breeze. He is alert enough to overheard Cartman and Kyle arguing about who gets to keep the jewelry they just stole from down the street. Officer Dozey deftly leaps from his vehicle and orders the boys to stop and turn around. While turning, both boys place their hands in their pockets. Dozey frisks them, finding a necklace, a large sum of money, and some drugs. He does not find a weapon. Evaluate the following statement: The evidence Officer Dozey found on the boys must be excluded as evidence in a trial against them because the "stop & frisk" violated their Fourth Amendment rights.
Correct
Incorrect!
Correct The evidence may be considered in the boys' trials. An officer needs only an articulable, reasonable suspicion of a criminal act in order to stop the boys here, and overhearing their conversation satisfies that. Furthermore, even though no weapon was found, when the boys put their hands in their pockets they could have been reaching for weapons, which gave Dozey reason to believe they were armed and dangerous ' which is all that is required to justify a legal frisk.
Incorrect! The evidence may be considered in the boys' trials. An officer needs only an articulable, reasonable suspicion of a criminal act in order to stop the boys here, and overhearing their conversation satisfies that. Furthermore, even though no weapon was found, when the boys put their hands in their pockets they could have been reaching for weapons, which gave Dozey reason to believe they were armed and dangerous ' which is all that is required to justify a legal frisk.
Question 3
Officer Peddy has been engaged in a foot chase of a suspected rapist for several minutes. Peddy is in good shape, and at no time has the suspect been more than one-half block ahead. After turning a corner onto a residential street, Peddy realizes that the suspect must have entered one of the doorways, as he is nowhere to be seen. Which of the following is a list of the options from which Peddy may legally choose:
Correct
Incorrect!
Correct
Incorrect!
Correct The Hot Pursuit exception to the warrant requirement permits search and seizure in the absence of a warrant if part of an active pursuit of a suspect. (D) is incorrect because after some period of time (which is difficult to fix as a rule) the pursuit is no longer 'hot.' If backup arrives in a few minutes the pursuit is still active. If backup takes two hours to arrive there is no longer any active pursuit and the exception would not apply.
Incorrect! The Hot Pursuit exception to the warrant requirement permits search and seizure in the absence of a warrant if part of an active pursuit of a suspect. (D) is incorrect because after some period of time (which is difficult to fix as a rule) the pursuit is no longer 'hot.' If backup arrives in a few minutes the pursuit is still active. If backup takes two hours to arrive there is no longer any active pursuit and the exception would not apply.
Correct
Incorrect!
Question 4
Officer Trint Westwood is a tough-guy cop looking to get guns off the street. Working off an informant tip, he tracks down Simon, who he suspects is carrying illegal long-barrel rifles in his car on his way to sell them this afternoon. He searches the main compartment of the vehicle and the trunk, finding only a film canister under the driver's seat. Opening the film canister reveals some marijuana, which Westwood seizes. He arrests Simon mumbling something about "at least he'll be off the street for a few hours." Can the marijuana be used as evidence against Simon?
Correct
Incorrect!
Correct
Incorrect!
Correct The 'Automobile' Exception to the warrant requirement permits police to search a vehicle for evidence of a specific type. If Westwood had reason to believe the car contained guns, the exception only legitimizes the search insofar as a gun might have been found in the area searched. As there was no chance of finding the sought-after evidence inside the film canister, the search was illegal and the evidence cannot be used against Simon.
Incorrect! The 'Automobile' Exception to the warrant requirement permits police to search a vehicle for evidence of a specific type. If Westwood had reason to believe the car contained guns, the exception only legitimizes the search insofar as a gun might have been found in the area searched. As there was no chance of finding the sought-after evidence inside the film canister, the search was illegal and the evidence cannot be used against Simon.
Correct
Incorrect!
Question 5
Charles Jones is arrested for excessive speeding in the desert one night. When Officer Courir arrests him he searches the area under the driver's seat and finds an Acme Explosives box which contains an Acme Stun Gun, one of the more dangerous stun guns on the market, if not one of the more difficult models to use without risk of injury to the operator. He then searches the trunk in which he finds an Acme Rocket Launcher. Which evidence will be excluded at trial?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct A search of Jones' car incident to lawful arrest is permissible but limited to his wingspan ' that is, the area within his reach. The Stun Gun was found within his wingspan and is permissible evidence. The Rocket Launcher in the trunk, however, was not within reach and should be excluded. Note that the Automobile Exception will not allow Courir to say that finding the gun gave him reason to believe that there might be other weapons, and he therefore needed no warrant. Because the car will be impounded upon Jones' arrest, there is no danger of the evidence being moved or disappearing (which makes the Automobile Exception inapplicable), so a search warrant should have been obtained to more thoroughly search the rest of the car.
Incorrect! A search of Jones' car incident to lawful arrest is permissible but limited to his wingspan ' that is, the area within his reach. The Stun Gun was found within his wingspan and is permissible evidence. The Rocket Launcher in the trunk, however, was not within reach and should be excluded. Note that the Automobile Exception will not allow Courir to say that finding the gun gave him reason to believe that there might be other weapons, and he therefore needed no warrant. Because the car will be impounded upon Jones' arrest, there is no danger of the evidence being moved or disappearing (which makes the Automobile Exception inapplicable), so a search warrant should have been obtained to more thoroughly search the rest of the car.
Question 6
Strolling through the neighborhood one night, Officer N. Chalant is knocking on doors asking people if he can come in to look around a bit. At 11:30 p.m. he knocks on the door to 2120 East 53rd Street and a woman in a negligee answers. He asks if he can come in and look around a bit, explaining that he's looking for evidence of a recent neighborhood burglary. "Well I'm not sure I can let you in, Officer," she replies. "It would be a great help, ma'am, and I'll be in and out before you know it," Officer Chalant said. "Well, alright, I guess." Once inside, Officer Chalant notices an expensive painting which he knows was stolen during the burglary. He arrests the woman and seizes the painting. As it turns out, the woman was merely house-sitting. Was the search proper?
Correct
Incorrect!
Correct Consent to search from a person reasonably believed by police to have the authority to give such consent makes a warrant unnecessary. It is reasonable to believe that the woman lived in the house because she answered the door at a late hour dressed in a negligee. (C) is irrelevant 'the Fourth Amendment protection against unreasonable searches and seizures applies whether or not one is a suspect in a crime. Note that this is in contrast to the Fifth Amendment privileges, which are triggered only by an in-custody interrogation.
Incorrect! Consent to search from a person reasonably believed by police to have the authority to give such consent makes a warrant unnecessary. It is reasonable to believe that the woman lived in the house because she answered the door at a late hour dressed in a negligee. (C) is irrelevant 'the Fourth Amendment protection against unreasonable searches and seizures applies whether or not one is a suspect in a crime. Note that this is in contrast to the Fifth Amendment privileges, which are triggered only by an in-custody interrogation.