Chapter 6: Searches and Seizures of Property

Question 1

Reasonableness Clause

Answer 1

4th Amendment
prohibits unreasonable search and seizure.

Question 2

Warrant Clause

Answer 2

4th Amendment
no warrant shall issue but upon probable cause based on oath or affirmation

need probable cause to get a warrant describing w/ particularity, the place to be searched, and the people and things to be seized.

Question 3

The Supreme Court prefers officers get a _____________ from a ____________ ________________ magistrate / judge, instead of immediately rely on their own assessment of __________ ___________ as they’re in the midst of _______________ out crime. This provides ______________ to the ____________ of individuals (balancing test).

Answer 3

warrant; neutral; detached; probable cause; ferreting; protection; privacy

Question 4

Warrantless Search

Answer 4

Searches to detect and investigate crime, conducted by officers w/o a warrant.

Question 5

Protecting privacy of individuals is ______________ with police officer’s _________ to get a warrant. Requiring officer’s to get a ____________ in all situations would potentially ____________ the ______________ and themselves.

Answer 5

balanced; need; warrant; endanger; public

Question 6

Getting a ___________ _____________ is the same process as obtaining an ____________ ______________. An officer still needs ____________ ____________, and the officer needs to explain his/her _______________ _____________ in an _____________ (sworn testimony). The search warrant must also meet the ___________ requirement.

Answer 6

search warrant; arrest warrant; probable cause; probable cause; affidavit; particularity

Question 7

Search Warrant

Answer 7

Authorization from magistrate to search for and seize specific objects.

Question 8

Particularity Requirement

Answer 8

Defines the Scope of the Search

Warrant must explain…
- the specific place(s) to be searched,
- and the object of the search.

• and are given the right to search wherever these items are most likely to be found.

Question 9

Knock and Announce Rule

Answer 9

Requires officers to…
- knock on resident’s door,
- state their purpose for being there.

• noncompliance will be met with forcible entry into the home.

Question 10

Justice Clarence Thomas said the ____________ and _____________ rule respected / acknowledged the home as a “___________” which receives the _____________ 4th Amendment protections.

Answer 10

knock; announce; castle; highest

Question 11

__________ and ___________ is ________ required. There are circumstances where it is _____________ for officers to not follow this rule because it interferes with (___________) the prevention of crime. These circumstances include…

• ___________ _______________ that is seen, and being committed against someone else (police don’t have to wait for entry if they can look through window of house and see domestic violence.
• ____________ _____________ where ____________ flees into the home.
• ____________ of ____________.

Answer 11

Knock; announce; NOT; reasonable; hampers

Physical violence;

Prison Escape; prisoner;

Destruction; evidence

Question 12

Knock and announce is also not required in cases where…

• officers use a _____________ to enter the building, home.
• officers ____________ themselves, or use _____________ identities.
• officers can enter if ___________ is left open.

In some jurisdictions, police officers don’t even bother following the _____________ and _____________ rule because of the outweighing danger that ______________ evidence might be destroyed, or because drug _____________ might be armed and dangerous.

Answer 12

trick; disguise fake; door

knock; announce; rule; narcotics; traffickers

Question 13

In Richard v. Wisconsin, (1997), the Wisconsin Supreme Court decided that the ___________ and ____________ entry into Richards’ motel room was _______________ because ______________-related offenses always present a ____________. The Supreme Court however, rejects a _____________ exception to the knock and announce rule for 2 reasons:

1) Overly Broad: no need to provide _____________ to the ___________ and _________ rule in _____ instances of narcotics searches. Some narcotics cases do not present this __________ of danger–potential for presence of ______________ and __________ of __________.

2) Other Crimes: Crimes other than narcotics offenses receive exceptions to the ____________ and _________ rule like _________ ___________. If we provide more and more per se, blanket exceptions to the rule, for all ___________ of crime that pose a _____________ risk of harm to police officers, the rule will eventually fall away.

Answer 13

disguised; forcible; reasonable; narcotics; danger; blanket

exception; knock; announce; ALL; weapons; destruction; evidence

knock; announce; bank robberies; types; substantial/significant

Question 14

Justification for no-knock entry into the home:

Answer 14

Police have reasonable suspicion that knocking and announcing presence would be

dangerous / futile,

OR

make investigation ineffective, by allowing for the destruction evidence.

Question 15

If suspects provide entry to law enforcement almost ____________ after the ___________ and _________ request, then the rule would be __________. However, if the __________ period between the knock and announce and entry is too ________, that allows for the ___________ of ___________, the suspects to __________, or those inside the home to ________ themselves, endangering the officers.

Answer 15

immediately; knock; announce; useless; waiting; long; destruction; evidence; flee; arm

Question 16

In U.S. v. Banks, (2003), the Supreme Court decided that the forcible entry of officers into the home could be executed after ___-___ seconds of no response from the resident inside the _________. Supreme Court ruled that forcible entry after ________ and ___________ is made is permissible when there appears to be a ___________ to let the officers in.

Court also ruled that the ______ it takes a suspect to ______ the door sometimes depends on the relative __________ of the home.
Apartment: matter of __________.
Townhouse: could take __________.

Court finally ruled that main point of inquiry wasn’t ________ long it took suspect to answer the door, it’s how long does it take him to __________ of ___________. The prudent drug trafficker would keep his narcotics near a ___________ or ____________ to quickly dispose, and we believe ____-____ is enough time to do so.

Answer 16

15-20; home; knock; announcement; refusal

time; get; size; seconds; minutes;

how; dispose; narcotics; commode; sink; 15-20

Question 17

_____________ searches conducted are understood to ___________ the privacy interest of citizens (in the balancing test).

Answer 17

Warrantless; outweigh

Question 18

Supreme Court has conclude (Chimel v. California, (1969)) that police are allowed to __________ the person ____________.

Answer 18

search; arrested

Question 19

3 Purposes of Warrantless Search

Answer 19

1. Seize weapons that could be used to harm the officer.
2. Seize weapons that may be used to resist arrest / flee.
3. Prevent concealment of evidence.

Question 20

Upon arrest, areas within _____________ _____________ of the suspect that conceal ____________, or ______________ that could be used to harm the police may be ____________ (for the safety of the officer).

Answer 20

immediate control; contraband; weapons; searched

Question 21

Grab area

Answer 21

aka, lunging area
the areas of immediate control where suspect may have contraband or weapons concealed in the home.

e.g. the drawer to a shelf the defendant is arrested in front of.

Question 22

Search Incident to An Arrest

Answer 22

Search authorized by the fact of a persons’ arrest.

Allow officers to search area within suspect’s immediate control (grab area).

Question 23

In Chimel v. California, (1969), Supreme Court decided that a ________ laying on a table or a ________ that potentially has concealed weapons poses the same risk to the _________ of the officer as _________ found on the persons of the suspect. So it was determined that officers have just as much a right to search the area within the suspect’s ____________ ____________ , to recover _________ and _________ items, as they do the body of the suspect, without a __________ ____________ (w/ an arrest warrant only). However, police officers do not have the right to conduct a ______________ incident to _____________ in other rooms of one’s home outside of the immediate control of the person being arrested, and they don’t have the right search other ___________ or _____________ in the room where the offender is being arrested that is not within his immediate control. Those searches would expressly require a __________ warrant.

Answer 23

gun; drawer; safety; weapons; immediate control; weapons; evidentiary; search warrant; search; arrest; drawers; compartments; search.

Question 24

In Riley v. California, (2014), the Supreme Court decided that a warrantless search of one’s phone ___________ to _____________ is unconstitutional under the ____th Amendment, and hence an ______________ search. Not only did the search through Riley’s phone take place __________ he was jailed, therefore no longer make in this an instance of ___________ to __________, but the phone is a device with enhanced ___________ __________, and equipped with ____________ ___________ which tracks the history of someone’s movements down to the _____________ in __________ areas (areas away from the crime). The circumstances here are not the same as ____________ one’s that warrant looking through a person’s phone without a ______________.

Answer 24

incident; arrest 4; unreasonable; after; incident; arrest; storage capacity; location information; minutes; remote; exigent; warrant

Question 25

Contemporaneous

Answer 25

means that the search has to take place immediately before, during, or immediately after an arrests.

Question 26

Once an officer reduces a piece of ____________ property that was once in the ____________ ____________ of the suspect, to his __________ ____________, a search of those evidentiary items, after the suspect is no longer in ____________ of those items (e.g. in jail), the search of those belongings is no longer a _____________ ______________ to __________.

Answer 26

personal; immediate control; exclusive right; control; search; incident; arrest

Question 27

In New York v. Belton, (1982) the Supreme Court decided that a search _________ to _________ in an _______________ is reasonable because, as a rule the _____________ of a ________ are within an arrestee’s ____________ ____________ which could be accessed to grab a ___________ or conceal / destroy ____________ items. Therefore, the officer has the right to conduct a ______________ (___________ before/after) search incident to a custodial arrest.

Answer 27

incident; arrest; automobile; compartments; car; immediate control; weapon; evidentiary; contemporaneous; immediately

Question 28

In Arizona v. Gant, (2009), the Supreme Court modified it’s ruling in NY v. Belton. Specifically, the Court ruled that a ____________ search of a _______________ when the arrestee has been ___________, and ___________, and is no longer within (reach) __________ _____________ of the passenger _____________ where he could access a ___________ or destructible ____________ items, that search is no longer a search ___________ to ___________, and is therefore unreasonable.

Answer 28

warrantless; automobile; handcuffed; detained; immediate control; compartment; weapon; evidentiary; incident; arrest

Question 29

Remember, conducting a search __________ to an _____________ does not require that the arresting officer have ___________ __________ or __________ to ___________ that one is in possession of _____________ or that the arrestee poses a serious _____________.

Answer 29

incident; arrest; probable cause; reason; believe; firearm; danger

Question 30

The FACT of the arrest warrants a ____________ incident to that ____________ REGARDLESS of what the arrest was found on (and if the police find other evidence that is unrelated, but serious, crime during their search, it’s completely REASONABLE).

Answer 30

search; arrest

Question 31

Bright-line Rule:

Answer 31

Unambiguous rule set by judicial precedent.

Question 32

Pretext Arrests

Answer 32

Arrests based on law violations that an officer doesn’t probable cause, or articulable suspicion, to believe (the violation) exists.

(E.g. pulling someone over for a “traffic violation” but you really pulled them over because they’ve had two past drug violations, and w/o any evidence, you suspect they’re currently in violation).

Question 33

In Whren v. U.S., (1996), the Supreme Court decided that the discovery and recovery of evidence of a federal ___________ crime, during a ___________ for a ____________ violation, even if it is ____________, was reasonable. The court reasoned that a search ______________ to _________ NEED NOT ALWAYS BE based on _____________ ____________. The officers had ___________ __________ to believe a traffic violation had occurred, and so the search and recovery of any evidence after a lawful arrest is made, even if their findings don’t relate to the offense for which the arrestee was pulled over, is ________________.

Answer 33

drug; stop; traffic; pretextual; incident; arrest; officer safety; probable cause; admissible

Question 34

Consent Searches

Answer 34

When citizen waives their right to reasonable expectation of privacy under 4th Amendment, authorizing law enforcement to conduct a search.

Question 35

In cases where an officer lacks __________ ___________ to make an __________ or conduct a ____________, a ___________ search is really the only means officer’s have of obtaining ______________ information.

Answer 35

probable cause; arrest; search consent; reliable

Question 36

Test for Consent Search

(Est. Schneckloth v. Bustamonte (1973))

Answer 36

1. Search has to be voluntary.
2. Search may not be result of coercion, express or implied

Question 37

The ___________-ness requirement in the Consent Search test, established in Schneckloth (1973), is based on the ____________ of _______________. An individual has to know of their right to ____________ a consent search.

Answer 37

voluntariness; totality; circumstances; refuse

Question 38

“Knock and Talk” Searches

Answer 38

Police officers knock on door of individuals home, which is no more than a citizen might do, and request consented entry into the home.

Question 38

In Schneckloth v. Bustamonte, (1973), the Supreme Court decided that the ___________-ness of a _________ ___________ must be based on the ___________ of ____________: this includes factors like whether or not the person was informed of their __________ rights, or the rights to ____________ consent, __________ the request for consent was asked by police (if it was in police headquarters, person would feel lack of consent), ________ many officers are present, the ________ of times the officer continuously asks for ___________ (if the officer keeps asking, one might feel compelled). Based on these variables, and more, a person may or may not feel ____________ to allow officers to search. ___________ consent is not enough to indicate that the person is aware of present ___________ to the search requested by police. The Court established a Voluntariness standard which says the __________ ____________ was valid if 1) it was ___________, 2) there was no ____________, either __________ or ____________.

Answer 38

voluntariness; consent search; totality; circumstances; Miranda; refuse; WHERE; how; number; consent; compelled; Verbal; alternatives consent search ; voluntary; coercion; express; implied

Question 39

What is the scope of a consent search?

Answer 39

There’s not a one size fits all answer.

(sort of on a case-by-case basis).

Basically is relies on the standard question “What would the typical reasonable person understand as permissible to search based on the exchange between the officer and citizen?”

Question 40

In U.S. v. Rodney, (1992), the Supreme Court ruled that it is within reasonable __________ of a consent ___________ for an officer to make contact with the __________ area during a frisk / pat-down, since drugs may be hidden there.

Answer 40

scope; search; crotch

Question 41

Revocation of Consent Search:

A person can __________ their _________ to a __________ by officers at any time, AND they can ___________ the __________ of the search to only ___________ items. With that said, officers may still use/rely on any _____________ already gathered _________ to the revocation of consent.

Answer 41

revoke; consent; search; limit; SCOPE; specific; information; prior

Question 42

Third-Party Consent

Answer 42

Consent given by an individual who is a party to the primary owner of property, and who exercise joint access to the property.

Question 43

Common Authority Third Party Consent

Answer 43

aka, Actual Authority

Mutual use of property where parties have joint access to property for most purposes.

Question 44

Apparent Authority Third-Party Consent

Answer 44

When an officer reasonably mistakenly believes a person shares common authority over property with another owner.

Question 45

Police are allowed to rely on both __________ and _____________ third party consent authority.

Answer 45

common; apparent

Question 46

In Georgia v. Randolph, (2006), the Supreme Court ruled that a warrantless searched consented to by ONE party of ____________ authority, but __________ by the other party of __________ authority, is not a reasonable search (basically, a ______ yes, is a ______ no!)

Answer 46

common; refused; common; half; full

Question 47

Automobile Exception

Answer 47

Fourth Amendment exception which allows officers to conduct a warrantless search on a car they have probable cause to believe contains contraband or other evidentiary items of criminal activity.

Question 48

It’s not PRACTICABLE to require an officer to obtain a ___________ to search a ____________, because the time officers obtain a _____________, the automobile could be ____ miles down the highway away from the scene. The ___________ in the car may never be found again. Thus a _____________ search is constitutionally permissible.

Answer 48

warrant; automobile; warrant; 10; contents; warrantless

Question 49

In some other cases, however, if a car is _______________, and transported to the police station, police officers may obtain a _____________ before accessing the ___________ of the car.

Answer 49

impounded; warrant; contents

Question 50

Two Justifications for a Warrantless Search of an Automobile

Answer 50

1) Mobility: The vehicle can become mobile at any moment by the switch of a key, if it’s not already moving.

2) Vehicles have a reduced expectation of privacy (interior and exterior of automobile are within plain sight unlike the dwelling space of a home).

Question 51

The Supreme court has decided that __________ _____________ (i.e. knapsacks, bags, boxes, luggage, etc.) are subject to _____________ searches when they are found in _______________ (which already have a reduced level of privacy protection). If probable cause justifies the the search of a lawfully stopped _____________, it justifies the search of every __________ of the vehicle.

Answer 51

closed container; warrantless; automobiles

Question 52

Inventory

Answer 52

When an officer searches a person and the insides of an automobile, and records items found on the person and in the (IMPOUNDED) vehicle.

Items include jewelry, cash, clothing, credit cards, VARIOUS IDENTITY FORMS OF INDIVIDUAL etc.

Question 53

Officers do not need _________ __________ to inventory an object or open and inventory a ___________.

Answer 53

probable cause; container

Question 54

C.R.I.P.E.S. (Warrant Exceptions)

C__________
R__________ searches or ___________ __________
I___________
P___________ _____________ search of _____________ (___________ exception)
E___________
S___________ ________ to ___________

Answer 54

Consent
Regulatory searches; Administrative inspections
Inventory
Probable Cause search of Automobile; Automobile
Exigency
Search Incident to Arrest