Search and Seizure Questions Lesson 1.11
Search and Seizure Quiz
Test your knowledge on the intricacies of the 4th Amendment and its applications in search and seizure situations. This quiz will cover vital concepts, definitions, and legal standards necessary for understanding search authorizations and the rights involved.
- 17 Engaging Questions
- Multiple Choice Format
- Learn Key Legal Principles
Which US Constitution Amendment protects against unlawful searches and what are 3 requirements are needed to obtain a warrant.
5th Amendment & Probable Cause (supported by oath or affirmation), 2. Describe the place to be search, and 3. Describe the person or things to be seized.
8th Amendment & Probable Cause (supported by oath or affirmation), 2. Describe the place to be search, and 3. Describe the person or things to be seized.
4th Amendment & Probable Cause (supported by oath or affirmation), 2. Describe the place to be search, and 3. Describe the person or things to be seized.
4th Amendment & Probable Cause (not supported by oath or affirmation), 2. Describe the place to be search, and 3. Describe the person or things to be seized.
None of the above
In order for 4th Amendment rights to apply, what 2 things must happen?
Search or seizure by "by a person acting in a private capacity" and the accused or suspect must have "a reasonable expectation of privacy in the person, place, or property searched
Search or seizure by "by a person acting in a private capacity" and the accused or suspect must have "an absolute expectation of privacy in the person, place, or property searched
Search or seizure by "by a person acting in a governmental capacity" and the accused or suspect must have "an absolute expectation of privacy in the person, place, or property searched
Search or seizure by "by a person acting in a governmental capacity" and the accused or suspect must have "a reasonable expectation of privacy in the person, place, or property searched
None of the above
Under what rule can evidence be excluded due to it being illegally obtained?
Exclusionary Rule
Judicial Rule
Rule of Law
Accountability Rule
None of the above
What are three examples were a sailor does not have a reasonable expectation of privacy?
1. Dog sniff of a car in barracks parking lot. 2. Abandoned property 3. Common areas and open fields.
1. Dog sniff of a car in barracks parking lot. 2. Rented property 3. Common areas of a residence.
1. Foot Locker in barracks. 2. Abandoned property 3. Common areas and open fields.
1. Foot Locker in barracks. 2. Abandoned property 3. Wall locker at gym assigned to sailor.
None of the above
Under what circumstances would government property be protected under the 4th Amendment - reasonable expectation of privacy?
When the property is issued for official use.
When the property is issued for personal use.
When the property is issued for unit storage..
None of the above
What is a search authorization (warrant)?
An express permission, written only, issued by competent military authority to search a person or an area for specified property or evidence or for a specific person and to seize such property, evidence or person.
An express permission, written or oral, issued by any military authority to search a person or an area for specified property or evidence or for a specific person and to seize such property, evidence or person.
An express permission, written or oral, issued only by a Military Magistrate to search a person or an area for specified property or evidence or for a specific person and to seize such property, evidence or person.
An express permission, written or oral, issued by competent military authority to search a person or an area for specified property or evidence or for a specific person and to seize such property, evidence or person.
None of the above
Who can authorize a search authorization?
A Military Judge, Magistrates, and Military commanders in control of the place or person to be searched.
A neutral and disinterested Military Judge, Magistrates, and Military commanders in control of NSF unit.
A neutral and disinterested Military Judge, Magistrates, and Military commanders in control of the place or person to be searched.
Any Judge (Civilian or Military) or Magistrates, and Military commanders in control of the place or person to be searched.
None of the above
When does probable cause to search exists?
Probable cause to search exists when there is a belief that a person, property, or evidence connected to a crime is located in the place or on the person to be searched.
Probable cause to search exists when there is a suspicion that a person, property, or evidence connected to a crime is located in the place or on the person to be searched.
Probable cause to search exists when there is a possibility that a person, property, or evidence connected to a crime is located in the place or on the person to be searched.
Probable cause to search exists when there is a reasonable belief that a person, property, or evidence connected to a crime is located in the place or on the person to be searched.
None of the above
Can probable cause be based on hearsay? If so, give an example.
Yes, A rumor of drugs being sold in a sailors room.
Yes, People gossiping about a sailor selling stolen items with no investigation.
Yes, Police Officer tells the competent authority what witness/informant told Police Officer.
No
Is it required that the application and authorization for a search authorization be written.
Written, electronic, or face-to-face
Written, oral, or electronic
Written, oral, electronic, or face-to-face
Written Only
None of the above
Can a Command Duty Officer/Officer of the Day authorize a search and seizure? If not, what level of command to you have to obtain the authorization?
No, only Judges and Magistrates
No, Brigade commanders or higher should be used when obtaining search authorization from a Commanding Officer.
Yes
No, Commanding Officers of Battalions/Squadrons or higher should be used when obtaining search authorization from a Commanding Officer.
Request for search authorizations should include what information?
Nature of item sought, Location involved, Type of crime, Length of time elapsed
Nature of item sought, Type of crime, Length of time elapsed
Location involved, Type of crime, Length of time elapsed
Nature of item sought, Location involved, Type of crime
None of the above
How many days do you have to execute a search authorization?
10 days
9 days
3 days, plus day of issuance and excution
2 days
None of the above
Under consent searches, can I landlord give permission to search a rental property he owns and leases? If not, why?
No, only the person in control of the property can give consent.
No, The renter has to also give permission along with the landlord.
Yes, They own the building and can give consent
Yes, Leases generally give landlords access to rented properties
Under search incident to arrest, if a suspect only committed a minor class C infraction and is taken into custody. Do you have the authority to fully search them? Including removing shoes and socks searching for contraband and weapons.
Yes, a person who has been apprehended is subject to a full search of his person, regardless of the nature of the offense for which he was apprehended and requires no additional justification.
No, the level of offense is not great enough to warrant that kind of body search.
No, you can not remove articles of clothing for a search.
Yes, you can search a person anytime for any reason.
When conducting an investigative stop (Stop and Frisk), under what circumstances can you make the stop? What is the justification?
You do not need a reason or justification to stop and frisk since they are not under arrest.
That the person stopped is, or is about to be, engaged in criminal activity.
That the person stopped is, or is about to be, engaged in civil activity.
That the person stopped is, or is about to be, engaged in any activity.
None of the above
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