CJ 305 Exam 2 Review Questions and
Answers
Examples of non-search activity - ANSWER-a. Private party searches.
b. Abandoned property.
c. Things done in open view or open to the public (free zone).
d. Canine sniffs to detect drugs
Full Search - ANSWER-Purpose: gather evidence
Grounds for conducting: SW or recognized exception to the warrant requirement
Limited Weapons Search - ANSWER-Purpose: disarm person to protect officer's
safety
Grounds for conducting: RS that a person lawfully detained is armed and dangerous
Inventory Search - ANSWER-Purpose: Catalogue property that police have taken
into custody
Grounds for conducting: authority to impound and adherence to police department
regulations governing conduct of inventory searches
When are police allowed to use brief, limited searches and seizures? - ANSWER-
when they have RS that property is connected to criminal activity
Brief, limited searches and seizures purpose - ANSWER-secure objects pending
issue of SW
Elements of a facially valid warrant - ANSWER-a particularized description of the
place to be searched and items to be seized
Good Faith Exception - ANSWER-even if warrant is later to be held invalid because
of a defect, the evidence seized may be admissible of the PO was excusably
ignorant of the defect
What is the preferred method of conducting a search? - ANSWER-With a search
warrant
Requirements for execution of a search warrant - ANSWER-1) only person to whom
the warrant is addressed may execute it
2) must be presented upon execution
3) Knock and Announce presence unless it will jeopardize safety or risk of destroying
evidence
4) must be executed within reasonably short time after issuance
5) inventory of property seized. copy to owner and magistrate/judge
, Entry and Search of Premise with Warrant - ANSWER-1) authority to detain
occupants
2) authority to frisk those present
3) authority to search occupants for items described
Exceptions to Warrant requirements (full searches) - ANSWER-1) consent
2) search incident to lawful arrest (full search of suspect and area within immediate
control)
3) automobile exception
4) exigent circumstances
5) plain view exception
Scope and Intensity of Consent exception - ANSWER-1) must be voluntary
2) based on totality of circumstances
3) consent obtained by threat of SW is coerced and invalid
4) consent obtained by improperly representing a PO has a warrant is invalid
3rd Party Consent - ANSWER-valid only to the extent that that 3rd party has equal
access to area to be secured (cannot be based on the objections of another party
who is present)
does not extend to landlord/tenant, hotel personnel/guest
does extend to parent/minor child
apparent authority
Terry Vehicle Searches - ANSWER-limited to search for weapons
limited to visual inspection of where weapon may be found within reach of the
suspect
must have RS that weapon is present
Vehicle Inventory Search - ANSWER-purpose: secure the owner's valuables and
protect the police from liability
police must have legal authority to impound vehicle or arrest suspect
scope is governed by the standard procedures for inventorying
intensity is limited to activity necessary to catalog
Exclusionary Rule - ANSWER-exclusion of evidence is a criminal defendant's
remedy for police violations of his or her constitutional rights
Define Fruit of the Poisonous Tree - ANSWER-includes evidence uncovered during
an illegal search or seizure and evidence police discover as a result
Permissible Scope of Terry Search - ANSWER-extends to the detainees person, and
any unlocked containers within grabbing distance that might contain a weapon
Permissible Intensity of Terry Search - ANSWER-limited to activity necessary to
determine whether the suspect is armed
directed at a person-> patting down outer clothing
directed at a container-> cursory visual inspection
Answers
Examples of non-search activity - ANSWER-a. Private party searches.
b. Abandoned property.
c. Things done in open view or open to the public (free zone).
d. Canine sniffs to detect drugs
Full Search - ANSWER-Purpose: gather evidence
Grounds for conducting: SW or recognized exception to the warrant requirement
Limited Weapons Search - ANSWER-Purpose: disarm person to protect officer's
safety
Grounds for conducting: RS that a person lawfully detained is armed and dangerous
Inventory Search - ANSWER-Purpose: Catalogue property that police have taken
into custody
Grounds for conducting: authority to impound and adherence to police department
regulations governing conduct of inventory searches
When are police allowed to use brief, limited searches and seizures? - ANSWER-
when they have RS that property is connected to criminal activity
Brief, limited searches and seizures purpose - ANSWER-secure objects pending
issue of SW
Elements of a facially valid warrant - ANSWER-a particularized description of the
place to be searched and items to be seized
Good Faith Exception - ANSWER-even if warrant is later to be held invalid because
of a defect, the evidence seized may be admissible of the PO was excusably
ignorant of the defect
What is the preferred method of conducting a search? - ANSWER-With a search
warrant
Requirements for execution of a search warrant - ANSWER-1) only person to whom
the warrant is addressed may execute it
2) must be presented upon execution
3) Knock and Announce presence unless it will jeopardize safety or risk of destroying
evidence
4) must be executed within reasonably short time after issuance
5) inventory of property seized. copy to owner and magistrate/judge
, Entry and Search of Premise with Warrant - ANSWER-1) authority to detain
occupants
2) authority to frisk those present
3) authority to search occupants for items described
Exceptions to Warrant requirements (full searches) - ANSWER-1) consent
2) search incident to lawful arrest (full search of suspect and area within immediate
control)
3) automobile exception
4) exigent circumstances
5) plain view exception
Scope and Intensity of Consent exception - ANSWER-1) must be voluntary
2) based on totality of circumstances
3) consent obtained by threat of SW is coerced and invalid
4) consent obtained by improperly representing a PO has a warrant is invalid
3rd Party Consent - ANSWER-valid only to the extent that that 3rd party has equal
access to area to be secured (cannot be based on the objections of another party
who is present)
does not extend to landlord/tenant, hotel personnel/guest
does extend to parent/minor child
apparent authority
Terry Vehicle Searches - ANSWER-limited to search for weapons
limited to visual inspection of where weapon may be found within reach of the
suspect
must have RS that weapon is present
Vehicle Inventory Search - ANSWER-purpose: secure the owner's valuables and
protect the police from liability
police must have legal authority to impound vehicle or arrest suspect
scope is governed by the standard procedures for inventorying
intensity is limited to activity necessary to catalog
Exclusionary Rule - ANSWER-exclusion of evidence is a criminal defendant's
remedy for police violations of his or her constitutional rights
Define Fruit of the Poisonous Tree - ANSWER-includes evidence uncovered during
an illegal search or seizure and evidence police discover as a result
Permissible Scope of Terry Search - ANSWER-extends to the detainees person, and
any unlocked containers within grabbing distance that might contain a weapon
Permissible Intensity of Terry Search - ANSWER-limited to activity necessary to
determine whether the suspect is armed
directed at a person-> patting down outer clothing
directed at a container-> cursory visual inspection
