SW and WSP Law

Probable Cause, alone, will always justify a search without a warrant.

• True

• False

The Fourth Amendment, under the physical trespass test (Jones case), is implicated when a police officer incidentally leans on a vehicle, out of mere convenience.

• True

• False

A police K-9, open air sniff, of the exterior of a vehicle:

• Is always a Fourth Amendment Search that requires an exception or a SW

• Is normally not a Fourth Amendment search

• Can implicate the Fourth Amendment, if the driver is detained longer than necessary to complete the stop, in the absence of reasonable suspicion that would justify an extension of the stop

What factors will the court consider when determining whether an area outside of a home is within the curtilage?

• Proximity to the home

• Location within an enclosure surrounding the home

• The nature of the area's use

• Steps taken to protect the area from observation

Two roommates reside together in an apartment. The police obtain consent to search the apartment from only one roommate, even though both are home. The police may introduce in court, any contraband they find, against both roommates, ONLY if:

• The police were careful to obtain written consent, and not merely verbal consent

• The police were careful to affirmatively obtain consent from each roommate first, before the search- and if they did not, nothing will be admissible against either

• The police obtained consent from one proper party, and any other parties with REP did not affirmatively object

When the police face disputed consent, where one roommate gives consent over the common areas, and the other roommate affirmatively objects to any search of the common areas, the police:

• May still search, however, they may not use any evidence that they find, against the objecting party

• May still search, and despite the objection of one roommate with REP, any evidence found can still be used against all parties, even those who objected, since one consented

• May search the common areas, and may search all private rooms, even those solo occupied rooms of the objecting parties

Warrantless searches are presumed:

• Valid

• Invalid

• Constitutional

• Lawful

Searches made with a search warrant are presumed to be:

• Invalid

• Valid

• Unconstitutional

• Illegal

Police go to a house to attempt a consent search. They knock, and a male subject answers the door. He indicates that it is his home. The police ask for, and receive, consent to search. They search and locate contraband. After locating the contraband, the male subject tells the police that he lied to them, and he was only visiting the home for a few hours, to have lunch. The contraband found is:

• Not admissible, since the consent was later determined to be invalid

• Not admissible, since the police must first check home ownership, before asking for consent

• Admissible, since homes have a very low expectation of privacy under the Fourth Amendment

• Admissible, since the police need to only obtain consent from a person who has either actual, or apparent, authority to grant that consent

I have done all of my required reading for this module.

• True

• False