Case Law Set 2 of 4 Flashcards
(25 cards)
Absent exigent circumstances, it is a violation of federal and
state law to conduct a search of a vehicle for
___________________ purposes, unless the driver consents or is
given a reasonable opportunity to make other
arrangements.:
inventory
NJ v Ercolano, pg. 161 of your workbook
For a driver to submit to a blood test when the driver has
been lawfully placed under arrest for driving while
intoxicated, police must obtain ________________________ or a
search warrant.:
consent
Missouri v McNeely, pg. 121 of your workbook
A fully mobile motor home, located in a public parking lot
will be deemed to fall within the “_______________________
exception” to the 4th Amendment warrant requirement.:
automobile
California v Carney, pg. 173 of your workbook
In a community caretaking situation where there is no
emergency, an officer must have _________________________ or a
warrant to enter a residence.:
consent
State v Vargas, pg. 143 of your workbook
In order for a consent search to be valid under New Jersey
law, the state needs to prove that the person knew he had
a right to _______________________ consent.:
refuse
State v Johnson, pg. 209 of your workbook
In the absence of a search warrant or an indication of
______________________ activity, a law enforcement officer must
give a person an opportunity to remove possessions from a
lawfully impounded vehicle before conducting an inventory
of its contents.:
criminal
NJ v Mangold, pg. 163 of your workbook
Law enforcement officers may conduct a protective sweep
only when (1) the officers are lawfully within private
premises for a legitimate purpose, which may include
consent to enter; and (2) the officers on the scene have a
reasonable articulable suspicion that the area to be swept
harbors an individual posing a _______________________.:
danger
State v Davila, pg. 96 of your workbook
Law enforcement officers may develop sufficient probable
cause to search a vehicle’s ____________________ when several
ounces of cocaine is found in the passenger compartment,
and an occupant acknowledges putting a bag in the trunk
but is unaware of its contents.:
trunk
State v Letman, pg. 191 of your workbook
Officers waiting for a search warrant to be issued who have
probable cause to believe that evidence of a crime or
contraband is hidden in a home should secure the home for
a reasonable period of time from the ________________________.:
outside
Brown v State, pg. 134a of your workbook
The police are justified to enter someone’s home under the
care-taking function to investigate reports of an
____________________.:
emergency
State v Frankel, pg. 141 of your workbook
Police are permitted to search “only the arrested person and
the area under his immediate control” incident to arrest.
Immediate control is defined as the area “within his
____________________ or grabble area”:
reach
State v Rose, pg. 109 of your workbook
The police can enter a private residence without a warrant
under the “________________ ___________________” exception where
the residence has recently been or is being burglarized.:
exigent circumstances
State v Faretra, pg. 139 of your workbook
A police department policy of releasing an intoxicated
arrestee should take into account the dangers that the
person poses to himself and to the _________________.:
public
State v Greeley, pg. 127 of your workbook
Police may not routinely impound a motor vehicle and
inventory its contents whenever the driver is arrested for a
_________________ ____________________ offense.:
motor vehicle
NJ v Slockbower, pg. 165 of your workbook
A police officer may not indiscriminately search a vehicle
compartment when making a warrantless arrest incidental
to a ________________ _________________ offense.:
motor vehicle
State v Pierce, pg. 113 of your workbook
Police who require information related to a screen name
from an ISP, they will have to obtain either a search warrant,
a grand jury subpoena or an order to produce from the
Superior Court based upon a showing of ____________________.:
relevance
State v Shirley Reid, pg. 65 of your workbook
Presence of a small amount of marijuana for personal use
does not provide ____________________ _____________________ to
suspect that there’s a larger amount being transported.:
probable cause
State v Patino, pg. 193 of your workbook
Probable cause and ____________________ ________________________ will
support the full warrantless search of a suspect when
officers observe a car in which the suspect is a passenger
stop at the curb in the middle of the block, in a high drugtraffic
area, an area already under surveillance for
suspected narcotic activity, and see the suspect exchange
money for a small object with a man who had engaged in a
similar transaction five minutes earlier.:
exigent circumstances
State v Guerrero, pg. 155 of your workbook
A “reasonable and articulable suspicion” that criminal
evidence will be found is necessary prior to asking for a
___________________________ search on a motor vehicle stop.:
consent
State v Carty, pg. 205 of your workbook
The “search incident to arrest” exception cannot be invoked
in cases where the occupant of a ____________________ has been
arrested, removed and secured elsewhere.:
vehicle
State v Eckel, pg. 115 of your workbook
A simple assault within a home that is witnessed by police
officers from outside, constitutes sufficient basis for officers
to enter the residence without a ___________________.:
warrant
Brigham City v Stuart, pg. 137 of your workbook
The strong odor of raw unburned marijuana emanating from
a lawfully stopped vehicle will provide police with
________________ _____________________ to conduct a warrantless
search of the vehicle including its trunk and packages found
therein.:
probable cause
NJ v Guerra, pg. 187 of your workbook
To ask for consent to search a vehicle which is disabled on
the roadway, police must have reasonable and articulable
suspicion that _______________________ or criminal evidence will
be found therein.:
contraband
State v Elders, pg. 211 of your workbook
When officers have probable cause to believe a subject has
engaged in a narcotics transaction and there is no time in
which to procure a warrant because the evidence could
have been consumed, hidden or sold by the time a warrant
was issued, the police are justified in carrying out a
__________________________ search where probable cause and
exigent circumstances are present.:
warrantless
State v Guerrero, pg. 155 of your workbook
