Searches and Seizure and Privacy MCQs

Searches and Seizure and Privacy MCQs

Our experts have gathered these Searches and Seizure and Privacy MCQs through research, and we hope that you will be able to see how much knowledge base you have for the subject of Searches and Seizure and Privacy by answering these 20 multiple-choice questions.
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1: The police conduct a lawful search of Adam’s home. Adam is a suspected drug user. The police seize narcotics. The items seized likely fall into which category?

A.   Fruits of a crime

B.   Contraband

C.   Instrumentalities of crime

D.   Incriminating statements

2: The Fourth Amendment is aimed directly at the abhorrent practice of breaking in, ransacking, and searching homes and other buildings and seizing people’s personal belongings without warrants issued by magistrates, according to Justice Hugo Black.

A.   True

B.   False

A.   True

B.   False

4: There is no constitutionally protected expectation of privacy in conversations with other individuals.

A.   True

B.   False

A.   No, the warrant was only to search for firearms, nothing additional.

B.   No, not unless the man was suspected of selling or using drugs before finding the marijuana in the house.

C.   Yes, providing the officer was legally situated and had probable cause to believe the marijuana was evidence of criminal activity.

D.   Yes, after calling a judge to get plain view permission.

6: There is no requirement to obtain a warrant to enter commercial property open to the public or areas reserved for employees.

A.   True

B.   False

7: Crystal owned a large country home on 40 acres of lan Despite having so much land, her home and living area was situated on two acres, leaving the other 38 relatively deserted and unprotecte She relied on no trespassing signs to keep trespassers out. Unbeknownst to Crystal, her teenage son and his friends had begun growing marijuana in the field out of sight from the home. Someone tipped the police off to this fact, and they went to the property, disobeyed the no trespassing signs, and followed a trail directly to the marijuan What doctrine protects the actions of the officers in this situation?

A.   Plain view

B.   Open fields

C.   Expectation of privacy

D.   Curtilage

8: While a warrant is typically required to search a home and the surrounding curtilage, warrantless aerial surveillance of the curtilage generally does not violate an individual’s expectation of privacy.

A.   True

B.   False

9: Aerial surveillance of a property revealed evidence of contraband on the curtilage of the property. May police officers enter the curtilage without a warrant to seize the detected evidence?

A.   Yes, but only if the contraband is necessary to build a case.

B.   Yes, no matter what the circumstance.

C.   No, a warrant is required to enter the curtilage despite the aerial detection.

D.   No, unless the officers are entering the land only to confirm the presence of the contraban

10: Even for petty offenses, police officers may affix global positioning system (GPS) and other locating devices to individuals and their vehicles without a warrant because it does not constitute a search, and there is no expectation of privacy.

A.   True

B.   False

11: Without a warrant, police may seize items observed in public places, streets, parks, and monuments.

A.   True

B.   False

12: Al ran an illegal gambling business. He knew the police were aware of his operation, and in anticipation of a search, he decided to throw away all evidence of illegal activity. He placed all receipts and writings in a trash bag, made sure it was tied shut, and placed it in the alley for pick up in the morning. The police subsequently intercepted the trash bag without any warrant and found all of the evidence. The evidence will likely be inadmissible because the police lacked a warrant and violated Al’s expectation of privacy.

A.   True

B.   False

13: An individual is seized once he or she is physically restrained or once law enforcement acts in a way that would result in a reasonable person not feeling free to leave or to terminate the encounter.

A.   True

B.   False

14: Which type of seizure occurs without the use of physical force?

A.   Physical seizure

B.   Actual seizure

C.   Show of authority seizure

D.   Reasonable seizure

15: An individual was stopped on the street corner with a group of friends by two police officers on patrol. The officers asked them a few questions about their plans for the night. The group is willing to stay and answer the questions before going on their way. This type of consensual interaction would likely be classified as:

A.   A seizure

B.   An encounter

C.   A search

D.   Unreasonable

16: _____ is property intentionally discarded by the owner.

A.   abandoned property

B.   All of these

C.   The government if there was no warrant

D.   There is no burden of proof because the case is automatically thrown out due to police misconduct

17: _____ is defined as the area immediately surrounding the home, considered part of the home.

A.   Yes, due to its nontestimonial nature.

B.   No, not without judicial preapproval

C.   All of these

D.   Curtilage

18: _____ is known as informal police stops of individuals.

A.   Plain view

B.   Expectation of privacy

C.   Encounters

D.   All of these

19: Is expectation of privacy protection from government intrusion; areas with a high expectation of privacy may generally not be searched without a warrant founded on probable cause?

A.   True

B.   False

20: _____ is warrants allowing colonial authorities to search anytime and anywhere.

A.   All of these

B.   No, convictions of any crimes involving dishonesty can be used for impeachment.

C.   general warrants

D.   No, all crimes may be used for impeachment purposes.

21: _____ is defined as areas distant from the home that lack an expectation of privacy.

A.   business records

B.   All of these

C.   The individuals in the lineup are asked to try on an item of clothing that fits only the suspect.

D.   open fields

22: _____ is known as an act in which a law enforcement officer takes hold of a suspect with the intent to prevent the individual from leaving.

A.   All of these

B.   physical seizure

C.   The jury may consult outside resources to come to its own determination about the fact.

D.   Judicial notice only impacts the judge.

23: Is plain view an exception to the Fourth Amendment warrant requirement that allows a police officer to seize an item without a search warrant when (1) the officer is lawfully positioned and (2) there is probable cause to seize the object?

A.   True

B.   False

24: _____ is facts and circumstances within officers’ knowledge, and of which they have reasonable trustworthy information, that would warrant a person of reasonable caution to believe that an offense has been or is being committed.

A.   probable cause

B.   Yes, no matter what, police may not conduct official business in plain clothes because it results in trickery.

C.   None of these

D.   No, as long as the ends justified the means.

25: _____ is defined as an approach to Fourth Amendment protection that assumes such protection is limited to physical intrusions of the home, comparable to trespassory approach.

A.   property rights approach

B.   The document is presented into court and to the opposing lawyer.

C.   All of these

D.   The document is shown to the witness.

26: _____ is known as governmental intrusion on an individual’s expectation of privacy.

A.   Search

B.   Yes, he doesn’t belong in the neighborhoo

C.   No, there is a 24-hour waiting perio

D.   All of these

27: Is seizure a reasonable person would not believe himself or herself to be free to leave or to otherwise terminate the encounter?

A.   False

B.   True

28: _____ is an approach to Fourth Amendment protection that assumes such protection is limited to physical intrusions of the home, comparable to property rights approach.

A.   All of these

B.   demonstrative evidence

C.   Both are used when a witness cannot recall details

D.   trespassory approach

A.   Criminally accused individuals are often helpless with little to no education and a lawyer must be present to help them understand the present situation.

B.   Once the government has decided to prosecute the accused, he or she is in need of protection, advice, and assistance.

C.   None of these

D.   writs of assistance