Constitution Quiz Questions

The ______ Amendment to the U.S. Constitution guarantees all persons the right to be secure in their persons, homes, and effects from unreasonable searches and seizures.

Any search and seizure is __________ unless it is consensual or is supported by probable cause and made pursuant to a valid search warrant or recognized exception to the warrant requirement.

Define :where the facts and circumstances within the officer’s knowledge, and of which he/she has reasonably trustworthy information, are sufficient in themselves to cause a person of reasonable caution to believe that evidence, fruits, or instrumentalities of a crime, or contraband, are presently located within a particular location

When an individual _________ _________ to allow officer(s) to search his/her person or property, neither a search warrant nor probable cause nor even reasonable suspicion are required. However, searches and seizures made with consent are often subject to question after the fact, and officers must be prepared to prove voluntary consent in subsequent court proceedings

If consent cannot be obtained in writing, oral consent may also be sufficient to fulfill legal requirements, but it should be clearly documented in the officer’s report of the investigation.

• A.

  True

• B.

  False

Consent must be _________ and not the result of any duress or coercion, express or implied, as determined from all the facts and circumstances.

Consent may be _________ at any time, and officers shall immediately cease searching upon withdrawal of consent, although any items already seized shall be retained and may then be used as grounds to obtain a search warrant as well as in any subsequent prosecution

A landlord or motel operator can grant consent to search an apartment or room for evidence against a person currently renting those premises

• A.

  True

• B.

  False

Subsequent to a valid investigative stop based upon reasonable, articulable suspicion that an individual is committing, has committed, or is about to commit criminal activity, an officer may conduct a frisk or pat-down for weapons if there is also reasonable, articulable _____ that the individual is carrying a weapon or poses a threat to the officer’s safety.

A frisk or pat-down must be limited in scope to the individual’s outer clothing for items that feel like weapons.

• A.

  True

• B.

  False

Items that clearly are not weapons cannot be seized as a result of a frisk unless it is ________ apparent on contact, without further examination, that the item is contraband (“plain-feel”).

In the case of a motor vehicle, once the suspect is in custody and secured in restraints, a search will not be conducted in the area the subject had immediate control of at the time of arrest unless officers reasonably believe that evidence for which the recent occupant was arrested for might be found in the vehicle.

• A.

  True

• B.

  False

Strip searches and body cavity searches do not need written permission from the turn commander on duty.

• A.

  True

• B.

  False

Any motor vehicle stopped by an officer or found parked in a public area may be seized and searched without a warrant, as long as there is _______ ______ that the vehicle contains specific evidence, fruits, or instrumentalities of a crime, or contraband, sufficient to support issuance of a search warrant.

Define: In an emergency where an officer reasonably believes that immediate entry into a premises is necessary to protect or preserve life, to prevent serious injury, to prevent serious property damage, or to avoid the imminent destruction of evidence or contraband, it may be lawful for the officer to enter, to conduct such search as may be reasonably necessary in response to the emergency, and to seize items of evidence or contraband found therein.