KPD MANUAL SEARCH & SEIZURE Flashcards
(66 cards)
- Which of the following is TRUE regarding searches without a warrant?
A. They are always legal if an officer believes a crime has occurred.
B. They are presumed unreasonable unless justified by exigent circumstances or other exceptions.
C. They are allowed if done by senior officers.
D. They do not require documentation.
B. They are presumed unreasonable unless justified by exigent circumstances or other exceptions.
Which of the following is NOT required for a valid consent search?
A. Probable cause
B. Voluntary consent
C. Actual authority of the person giving consent
D. Awareness that rights are being waived
A. Probable cause
An officer may perform a pat-down during an investigative detention if:
A. The suspect looks nervous.
B. The officer has a hunch the suspect is dangerous.
C. There are specific and articulable facts suggesting the suspect is armed.
D. The stop is in a high-crime area.
C. There are specific and articulable facts suggesting the suspect is armed.
Which of the following scenarios would allow for a lawful plain view seizure?
A. Officer sees contraband while trespassing
B. Officer opens a drawer without a warrant
C. Officer enters lawfully and inadvertently discovers evidence in plain view
D. Officer acts on a tip and searches without consent or warrant
Which of the following scenarios would allow for a lawful plain view seizure?
A. Officer sees contraband while trespassing
B. Officer opens a drawer without a warrant
C. Officer enters lawfully and inadvertently discovers evidence in plain view
D. Officer acts on a tip and searches without consent or warrant
What is a key difference between “plain view” and “open view”?
A. Open view allows warrantless seizure, plain view does not
B. Plain view applies only outdoors
C. Open view does not necessarily allow for seizure without a warrant
D. They are legally identical
C. Open view does not necessarily allow for seizure without a warrant
An inventory search is primarily conducted to:
A. Look for evidence of a crime
B. Protect the department from civil liability and ensure safety
C. Justify arrest
D. Search containers for weapons
B. Protect the department from civil liability and ensure safety
When may a landlord give valid consent for officers to search a tenant’s apartment?
A. At any time
B. Only when they suspect criminal activity
C. Never, unless the tenant has abandoned the premises
D. Only if the tenant has committed a crime
C. Never, unless the tenant has abandoned the premises
A vehicle may be searched without a warrant if:
A. It is parked in a public area
B. There is probable cause and exigent circumstances
C. The driver is unlicensed
D. It is stopped for a traffic violation
B. There is probable cause and exigent circumstances
Which of the following is NOT an exigent circumstance that justifies a warrantless search?
A. Preventing destruction of evidence
B. Officer-created emergency to avoid warrant process
C. Hot pursuit of a suspect
D. Preventing serious injury
B. Officer-created emergency to avoid warrant process
When can an officer lawfully seize abandoned property without a warrant?
A. When the property is in plain view
B. When the abandonment was coerced by police
C. When the abandonment was voluntary and intentional
D. Only after a search warrant is obtained
C. When the abandonment was voluntary and intentional
Which of the following best defines “probable cause”?
A. A general suspicion based on the officer’s training
B. A hunch that criminal activity is occurring
C. Facts and circumstances that would lead a reasonable person to believe a crime has been committed
D. Absolute certainty of guilt
C. Facts and circumstances that would lead a reasonable person to believe a crime has been committed
Which of the following areas within a vehicle may be searched incident to arrest under the U.S. v. Gant rule?
A. The entire trunk
B. The glove box, regardless of circumstances
C. Areas within the arrestee’s immediate control if they pose a safety or evidence risk
D. Any locked container
C. Areas within the arrestee’s immediate control if they pose a safety or evidence risk
The “automobile exception” to the warrant requirement allows a warrantless search if:
A. The vehicle is parked at the driver’s home
B. There is probable cause to believe it contains contraband or evidence
C. The driver has multiple prior arrests
D. The vehicle is old and unreliable
B. There is probable cause to believe it contains contraband or evidence
Officers must obtain a search warrant unless:
A. The person being searched has a criminal history
B. The search falls within a recognized exception to the warrant requirement
C. The person looks suspicious
D. The officer is in a hurry
B. The search falls within a recognized exception to the warrant requirement
What is the primary justification for a “protective sweep” of a residence?
A. To find evidence that might otherwise be destroyed
B. To locate dangerous individuals who may be hiding and pose a threat
C. To take inventory of household items
D. To document the condition of the home
B. To locate dangerous individuals who may be hiding and pose a threat
If an officer relies in good faith on a defective warrant, the evidence obtained:
A. Must always be excluded
B. May still be admissible under the good faith exception
C. Is admissible only if no arrest was made
D. Can be used only in civil proceedings
B. May still be admissible under the good faith exception
Officers conducting a valid inventory search must:
A. Be looking for weapons
B. Search only areas likely to contain contraband
C. Follow department policy and document the process
D. Obtain written consent first
C. Follow department policy and document the process
What does “reasonable expectation of privacy” mean in legal terms?
A. People always have full privacy in public areas
B. The belief that a location or item is free from government intrusion, and society recognizes that belief as reasonable
C. An officer’s assumption that someone is hiding evidence
D. The right to avoid being photographed in public
B. The belief that a location or item is free from government intrusion, and society recognizes that belief as reasonable
When conducting a frisk (pat-down), officers are limited to:
A. Searching for drugs
B. Searching any container the person carries
C. Patting down the outer clothing for weapons only
D. Conducting a full search of the person
C. Patting down the outer clothing for weapons only
When officers obtain valid consent to search from one co-occupant, but the other co-occupant is present and refuses, the search is:
A. Lawful
B. Lawful if the officer asks again later
C. Not lawful
D. Lawful if the person refusing is under arrest
C. Not lawful
What is required for an officer to enter a home without a warrant under the “exigent circumstances” exception?
A. Permission from a neighbor
B. A general belief that a crime occurred nearby
C. A reasonable belief that someone is in danger or evidence is being destroyed
D. A tip from an anonymous source
C. A reasonable belief that someone is in danger or evidence is being destroyed
The “plain view” doctrine applies when:
A. The officer looks through a window and sees something suspicious
B. The officer lawfully enters an area and immediately sees evidence or contraband
C. The officer opens drawers during a consent search
D. The officer uses binoculars to view inside a home
B. The officer lawfully enters an area and immediately sees evidence or contraband
When conducting a search with consent, officers must ensure that:
A. The consent is given verbally in front of a witness
B. The person giving consent is in custody
C. The consent is voluntary and given by someone with authority
D. The suspect is advised of their Miranda rights
C. The consent is voluntary and given by someone with authority
The legal standard for conducting a Terry stop is:
A. Probable cause
B. Preponderance of the evidence
C. Reasonable suspicion
D. Mere curiosity
C. Reasonable suspicion
