ANSWERS GRADED A+
✔✔Two officers conducting a valid, warrantless administrative inspection of an
automobile repair shop came across evidence of drugs in plain view and through plain
smell. Do the officers have legal authority to seize the evidence? - ✔✔Yes because they
were conducting other legal business in that location
✔✔In deciding whether a warrantless search or seizure was legal, courts will always
consider ___________________. However, peace officers must always have specific
facts to demonstrate the search or seizure fell within one of the exceptions to the
warrant requirement.
All the facts
Totality of the circumstances
Reasonable suspicion
Probable cause - ✔✔Totality of the circumstances
✔✔An officer was in a hotel room questioning a female companion of a man who had
been arrested for armed robbery earlier that day. In the course of the questioning, the
woman grabbed her make-up bag from a nearby dresser. Because it was reasonable to
suspect that the woman might be reaching for a weapon, the officer seized the bag.
When the officer realized the bag was heavy and large enough to potentially contain a
weapon, he opened the bag to
search it.
Is the officer able to search the bag even though he did not see an imprint of a weapon
in a pat down/frisk search? - ✔✔Yes
✔✔While on routine patrol one morning, two officers spotted a young man
looking into parked cars in an alley where there had been earlier complaints of vehicle
tampering. As the officers drove by slowly, the man tried to hide behind a dumpster.
When the officers approached him, the man became nervous, boisterous, and
antagonistic. Can the officers conduct lawfully frisk/pat search him for weapons or
potential weapons? - ✔✔Yes
✔✔A man picked up his girlfriend in a car he had stolen. He
bragged to her how easy it was to steal the car. They took
turns driving the car around until it ran out of gas and then
they abandoned it. Who is guilty of vehicle theft? - ✔✔Both are charged with vehicle
theft since
they both drove the car with intent to temporarily deprive, even if the girlfriend did not
take the car.
✔✔At 3:30 a.m., a woman was seen at the rear door of a
, closed building in an area where a number of recent
burglaries had taken place. The officers stopped their
vehicle and asked her if she needed any help. She acted
nervous and shifted her weight from foot to foot. In doing
so, a set of lock picks fell from her pocket. She could not credibly answer why she had
the picks.
Can the officers arrest her? What PC if they can arrest? - ✔✔The officers could arrest
her for PC 466 possession of burglary tools
✔✔An employer asked his employee to have a copy of the
master key made for the new vice president. The employee
changed the number of keys on the request form and kept
the extra key, planning to enter his employer's office after
hours and steal office equipment. The employer noticed
that an additional key was billed on the receipt and
confronted the employee, who admitted the deceit.
What can he be charged with? - ✔✔The
employee committed the crime of possession of burglary tools by having a key made
with intent to commit a theft
✔✔A man stole $2000 in jewelry. He gave an engagement ring
and a diamond necklace to his girlfriend and admitted that
he had stolen them. When he was arrested, she hid the jewelry and claimed she never
received them. The police obtained a search warrant and found the jewelry hidden in
her apartment.
WhT crime has she committed? - ✔✔She committed the crime of receiving stolen
property because she concealed property known to be stolen.
✔✔One night a woman entered her ex-boyfriend's home
through an open window and waited for him to come
home. When he arrived, the woman began professing her
undying love for him. When she refused to leave, he called
law enforcement.
PC 602
Or
PC 602.5 - ✔✔PC 602.5 - She committed the crime of unauthorized entry of property as
she did not have consent to enter his Home.