CJUS 410 EXAM 3 QUESTIONS AND
ANSWERS 100% CORRECT
,which amendment(s) require that consent not be coerced by explicit or implicit means,
by implied threat or covert force? - ANSWERS4th, 14th
T/F supreme court requires that all consent searches be conducted voluntarily -
ANSWERStrue
an account must be taken of subtly coercive police questions, as well as the possibly
vulnerable subjective state of the person who consents to determine - ANSWERSif in
fact the consent to search was coerced
prosecuting attorney must prove by (reasonable suspicion, preponderance of evidence,
beyond a reasonable doubt) that consent was voluntary and was NOT the result of
duress, coercion when motioning to introduce evidence into a case file that was a result
of a consent search - ANSWERSpreponderance of the evidence
Schneckloth v. Bustamonte (1973) - ANSWERSU.S. Supreme Court case in which the
high court ruled that in a case involving a consent search, while knowledge of a right to
refuse consent is a factor to be taken into account, the state does not need to prove that
the one who is giving permission to search knows that he has a right to withhold his
consent under the Fourth Amendment to the United States Constitution.
courts find consent involuntary if any (3) - ANSWERSforce, threats of force, or other
threats
Holds that a warrant-less search of a readily mobile motor vehicle by a LEO who has
probable cause to believe that the vehicle contains incriminating items subject to
seizure is not unreasonable under the 4th amendment: - ANSWERSthe Carroll doctrine
Is sometimes referred to as the automobile exception to the search warrant
requirement: - ANSWERSthe Carroll doctrine
In __________, federal prohibition agents had convincing evidence that the defendants
were bootleggers who plied their trade on a certain road in a certain automobile. The
agents later unexpectedly encountered the two men in the automobile on that road.
They pursued the automobile, stopped it, and thoroughly searched it- without a warrant-
finding several bottles of illegal liquor concealed in its upholstery - ANSWERSCarroll
Chambers v Maroney 1970 - ANSWERS"only in exigent circumstances will the
judgement of the police as to probable cause serve as a sufficient authorization for a
search"
Texas v Brown (1983) - ANSWERSplain view doctrine
, Arizona v Gant - ANSWERSPolice may only search a vehicle incident to arrest if: The
arrestee might access the vehicle @ the time of search, or the vehicle contains
evidence of the offense he was arrested for.
when LEOs threaten defendants with jail time, fines, foreclosure, property damage, or
suspension of a Drivers License (DL): - ANSWERSinvoluntary consent
A statement by LEO that they will attempt to obtain a warrant if consent is withheld (is
usually/ is usually not) considered threatening or coercive behavior - ANSWERSis
usually not
T/F despite the coercive nature of an initial confrontation, a LEO may still obtain a valid
consent search if the consent itself is obtained without coercion - ANSWERStrue
T/F submission to a fraudulent or mistaken claim of authority does not constitute
voluntary consent - ANSWERStrue
T/F submission to a fraudulent or mistaken claim of authority constitutes voluntary
consent - ANSWERSfalse
the consent to search is __________ whether the officers assertion of authority was
mistaken or was deliberately designed to deceive the person - ANSWERSinvalid
the consent to search is (valid/invalid) whether the officers assertion of authority was
mistaken or was deliberately designed to deceive the person - ANSWERSinvalid
T/F a search conducted in reliance upon a warrant cannot later be justified on the basis
of consent if it turns out that the warrant was invalid or nonexistent - ANSWERStrue
when a LEO claims authority to search a home under a warrant, he announces in effect
that: - ANSWERSthe occupant has no right to resist the search
where there is coercion, there cannot be __________** - ANSWERSconsent
not all "shows of authority" by LEOs will result in a finding of involuntary __________ -
ANSWERSconsent
Coercion may also take the form of ________________ or deception on matters other
than the officers authority - ANSWERSmisrepresentation
A persons consent to search based on false impressions created by a LEO is not
___________ - ANSWERSvoluntary
A persons consent to search based on false impressions created by a LEO (is/is
not)voluntary - ANSWERSis not
ANSWERS 100% CORRECT
,which amendment(s) require that consent not be coerced by explicit or implicit means,
by implied threat or covert force? - ANSWERS4th, 14th
T/F supreme court requires that all consent searches be conducted voluntarily -
ANSWERStrue
an account must be taken of subtly coercive police questions, as well as the possibly
vulnerable subjective state of the person who consents to determine - ANSWERSif in
fact the consent to search was coerced
prosecuting attorney must prove by (reasonable suspicion, preponderance of evidence,
beyond a reasonable doubt) that consent was voluntary and was NOT the result of
duress, coercion when motioning to introduce evidence into a case file that was a result
of a consent search - ANSWERSpreponderance of the evidence
Schneckloth v. Bustamonte (1973) - ANSWERSU.S. Supreme Court case in which the
high court ruled that in a case involving a consent search, while knowledge of a right to
refuse consent is a factor to be taken into account, the state does not need to prove that
the one who is giving permission to search knows that he has a right to withhold his
consent under the Fourth Amendment to the United States Constitution.
courts find consent involuntary if any (3) - ANSWERSforce, threats of force, or other
threats
Holds that a warrant-less search of a readily mobile motor vehicle by a LEO who has
probable cause to believe that the vehicle contains incriminating items subject to
seizure is not unreasonable under the 4th amendment: - ANSWERSthe Carroll doctrine
Is sometimes referred to as the automobile exception to the search warrant
requirement: - ANSWERSthe Carroll doctrine
In __________, federal prohibition agents had convincing evidence that the defendants
were bootleggers who plied their trade on a certain road in a certain automobile. The
agents later unexpectedly encountered the two men in the automobile on that road.
They pursued the automobile, stopped it, and thoroughly searched it- without a warrant-
finding several bottles of illegal liquor concealed in its upholstery - ANSWERSCarroll
Chambers v Maroney 1970 - ANSWERS"only in exigent circumstances will the
judgement of the police as to probable cause serve as a sufficient authorization for a
search"
Texas v Brown (1983) - ANSWERSplain view doctrine
, Arizona v Gant - ANSWERSPolice may only search a vehicle incident to arrest if: The
arrestee might access the vehicle @ the time of search, or the vehicle contains
evidence of the offense he was arrested for.
when LEOs threaten defendants with jail time, fines, foreclosure, property damage, or
suspension of a Drivers License (DL): - ANSWERSinvoluntary consent
A statement by LEO that they will attempt to obtain a warrant if consent is withheld (is
usually/ is usually not) considered threatening or coercive behavior - ANSWERSis
usually not
T/F despite the coercive nature of an initial confrontation, a LEO may still obtain a valid
consent search if the consent itself is obtained without coercion - ANSWERStrue
T/F submission to a fraudulent or mistaken claim of authority does not constitute
voluntary consent - ANSWERStrue
T/F submission to a fraudulent or mistaken claim of authority constitutes voluntary
consent - ANSWERSfalse
the consent to search is __________ whether the officers assertion of authority was
mistaken or was deliberately designed to deceive the person - ANSWERSinvalid
the consent to search is (valid/invalid) whether the officers assertion of authority was
mistaken or was deliberately designed to deceive the person - ANSWERSinvalid
T/F a search conducted in reliance upon a warrant cannot later be justified on the basis
of consent if it turns out that the warrant was invalid or nonexistent - ANSWERStrue
when a LEO claims authority to search a home under a warrant, he announces in effect
that: - ANSWERSthe occupant has no right to resist the search
where there is coercion, there cannot be __________** - ANSWERSconsent
not all "shows of authority" by LEOs will result in a finding of involuntary __________ -
ANSWERSconsent
Coercion may also take the form of ________________ or deception on matters other
than the officers authority - ANSWERSmisrepresentation
A persons consent to search based on false impressions created by a LEO is not
___________ - ANSWERSvoluntary
A persons consent to search based on false impressions created by a LEO (is/is
not)voluntary - ANSWERSis not
