_____ is defined as consent to a search provided by an individual with common authority who exercises mutual use of property and has joint access or control for most purposes.
Answer
Correct Answer:
third-party consent
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_____ is searches that do not serve the normal needs of law enforcement.
Answer
Correct Answer:
special-needs searches
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Is search warrant authorization from a magistrate to search and seize specified objects?
Answer
Correct Answer:
True
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_____ is known as a search that is authorized by the fact of an arrest; it includes a search of the person arrested and the area within his or her immediate control.
Answer
Correct Answer:
search incident to an arrest
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_____ is defined as an arrest that is motivated by the intent to investigate law violations for which no probable cause or event articulable suspicion exists.
Answer
Correct Answer:
pretext arrest
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_____ is most courts approve of these searches on the grounds that the police by knocking on an individual’s door are doing no more than any citizen might do and are not violating a resident’s expectation of privacy.
Answer
Correct Answer:
knock and talk searches
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Is knock and announce refers to a requirement that police knock and announce their presence when serving a search warrant?
Answer
Correct Answer:
True
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_____ is known as an administrative procedure recording the possessions of an arrestee and the content of impounded automobiles.
Answer
Correct Answer:
Inventory
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_____ is defined as the area within a suspect’s immediate control that may be searched incident to an arrest.
Answer
Correct Answer:
grab area
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_____ is a search incident to an arrest must take place immediately before, at the same time as, or immediately after the arrest.
Answer
Correct Answer:
Contemporaneous
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Is consent search a search based on an individual’s waiver of his or her Fourth Amendment rights?
Answer
Correct Answer:
True
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_____ is known as a clear and unambiguous rule established by judicial precedent.
Answer
Correct Answer:
closely regulated business
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_____ is defined as a clear and unambiguous rule established by judicial precedent.
Answer
Correct Answer:
bright-line rule
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_____ is the exception to the requirement that police obtain a warrant before conducting a search; a warrant is not required for an automobile.
Answer
Correct Answer:
automobile exception
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Is administrative inspections government agencies conduct searches to determine whether businesses, factories, apartments, and homes are conforming to a broad range of regulations?
Answer
Correct Answer:
True
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Hazim was entering the United States border after a trip to Mexico. As he approached the boarder, he noticed routine inspections of other cars wishing to cross the border. As he approached the inspectors, they signaled him to drive over to the line for further inspection. He refused on the basis that there was no probable cause or reasonable suspicion. Hazim is incorrect in his belief that he may not be subject to a routine search.
Answer
Correct Answer:
True
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Some businesses are considered closely regulated businesses. By this, it is meant that warrantless searches without probable cause may be conducted at any time of day and are not limited in scope whatsoever, no matter the type of business, providing it falls into the category of a closely regulated business.
Answer
Correct Answer:
False
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There is a passenger exception to probable cause searches of containers in vehicles. Only the owner of the vehicle is subject to the search, so any container owned by anyone else may not be searche
Answer
Correct Answer:
False
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There is an automobile exception to the Fourth Amendment that permits police to conduct warrantless searches of automobiles where there is probable cause to believe the vehicle contains contraban
Answer
Correct Answer:
True
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After getting in a domestic dispute with her husband, Sally called the police. Shortly thereafter, they knocked on the door and she let them in the foyer of the home. The officers asked if they could have a look around, and Sally said yes. Minutes later, her husband saw the officers and asked what they were doing in his home. He demanded they stop their search immediately. Will Sally’s consent override the husband’s refusal?
Answer
Correct Answer:
No, one cotenant generally has no right to prevail over the express wishes of another.
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The scope of a search that has been consented to is limited to what a reasonable person would understand the extent of the consent to be. It is a standard of objective reasonableness.
Answer
Correct Answer:
True
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Police received a tip that a prostitution ring was being run in a local house. Two officers, wearing plain clothes, went to investigate. They knocked on the front door and entered under the guise they were interested in buying services. Once inside, they witnessed men exchanging money with women and then being taken to another part of the house. May the court conclude that that the misrepresentation prevented the residents from making a fair assessment about whether to consent?
Answer
Correct Answer:
Yes, absent the misrepresentation, the owners may not have consented to their entrance.
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Two teens were walking home from school when they passed a neighborhood police officer sitting in his squad car. As the boys passed, the officer rolled down the window, and one boy voluntarily announced that he was clean now while holding his hands out. The officer searched the boy who made the declaration and found heroin. A court would likely find that the general statement made and holding out of his hands were signals that the boy was consenting to a search.
Answer
Correct Answer:
False
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The fact of an arrest authorizes a search incident to an arrest regardless of the offense for which a suspect is arreste
Answer
Correct Answer:
True
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Timothy was on a spring break vacation. He was staying at a resort where he and some friends went skinny dipping. The management asked the group to leave, but they refuse The management called the police. Timothy heard sirens approaching the resort, and he ran to his rental car and began to drive away. The police caught up to him minutes later. Timothy pulled over and stepped out of his car when asked by the police. He was handcuffed and put in the back of the squad car. The officers decided to search the rental car before taking Timothy to the station. Is the search proper?
Answer
Correct Answer:
No, because Timothy had already been secured and no longer had access to the vehicle.
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A search incident to an arrest must be undertaken immediately before the arrest, at the same time as the arrest, or immediately after the arrest.
Answer
Correct Answer:
True
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Rory was arrested, and the officers performed a search of his person to search for weapons. They discovered a cell phone. They not only examined the cell phone itself but began going through files stored on the phone. May the contents of the phone be searched without a warrant incident to a lawful arrest?
Answer
Correct Answer:
No, because cell phones contain so much personal information, much like computers, warrants are required to examine the contents.
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Searches incident to arrest are limited in scope to seize weapons that may be used to harm an officer, seize weapons that may be used to resist arrest or flee, and to prevent the destruction or concealment of evidence.
Answer
Correct Answer:
True
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Police arrived at the Holmes residence, a suspected drug house, at 3:42 p.m. They knocked on the door and announced their presence, but there seemed to be no one coming to the door. The lead officer put his ear to the door and heard commotion inside the home. He waited roughly 30 seconds before breaking down the door and entering. The suspects contend police must wait a minimum of 60 seconds before breaking and entering. Are they correct?
Answer
Correct Answer:
No, the standard is 20 seconds in all circumstances.
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In which of the following situations are police not permitted to disregard the knock and announce requirement and able to break down the door to a home?
Answer
Correct Answer:
When the suspect has an extensive criminal history
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Officers obtain a warrant to search a home located on the 1200 block of Grand Avenue for any object related to any suspected criminal activity. This warrant meets the particularity requirement.
Answer
Correct Answer:
False
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