Question 1

The number of hours a search lasted is the major factor used to determine the reasonableness of the duration of a search.

Accepted Answer

A) True 
 B)False

Question 2

Which of the following is deemed not sufficiently neutral and detached to issue warrants?

Accepted Answer

A)   Justice of the peace
B)   Clerk of the court
C)   State attorney general
D)   MagistrateE) A) and B)
F) None of the above

Question 3

What were all-purpose warrants referred to in early colonial America?

Accepted Answer

A)   General warrants
B)   Star chamber warrants
C)   Writs of assistance
D)   Writs of mandamusE) None of the above
F) B) and C)

Question 4

The Fourth Amendment sets probable cause as the minimum standard for issuing warrants.

Accepted Answer

A) True 
 B)False

Question 5

Pick an item in the classroom and write a description sufficient to satisfy the particularity requirement of the Fourth Amendment.
.

Accepted Answer

I'm sorry,...

Question 6

Officers about to execute a search warrant for narcotics in a dwelling

Accepted Answer

A)   may break in without notice.
B)   may enter through unlocked windows or doors then announce their presence.
C)   should disregard knock and announce since the warrant is for narcotics.
D)   must follow knock and announce requirements.E) A) and C)
F) B) and D)

Question 7

In a situation where the officer acts in reckless disregard for the truth when applying for a warrant:

Accepted Answer

A)   the entire warrant will automatically be deemed constitutionally defective.
B)   some clauses from the deficient parts of the warrant may be severed or redacted.
C)   the officer will automatically be civilly liable in any Section 1983 claim that is filed.
D)   the admissibility of the evidence will not be impacted because the exclusionary rule does not apply to this situation.E) A) and C)
F) None of the above

Question 8

Which of the following is true concerning a Franks hearing?

Accepted Answer

A)   The purpose of the hearing is to allow a criminal defendant to challenge the veracity of an affidavit used by the police to obtain a search warrant.
B)   A simple allegation of falsity and/or material omission is insufficient to trigger (initiate)  a Franks hearing.
C)   The defendant bears the burden of proving, beyond a reasonable doubt, that an application for a warrant contained false statements that were knowingly or recklessly made, or alternatively that material information was knowingly or recklessly omitted from the warrant application.
D)   All criminal suspects are entitled to a Franks hearing.E) A) and B)
F) None of the above

Question 9

The execution of a search warrant must normally be

Accepted Answer

A)   immediately after issuance.
B)   initiated during daytime.
C)   discontinued after dark.
D)   done in the presence of the occupant(s) .E) All of the above
F) None of the above

Question 10

A ___________ search allows items discovered during the execution of a covert entry warrant to be seized if there is a "reasonable necessity for the seizure."

Accepted Answer

The answer of A ___________ search allows items discovered during...

Question 11

A search warrant based on an affidavit showing probable cause that evidence of a certain crime will be located at a specific place in the future is known as a(n)_______________ search warrant.

Accepted Answer

The answer of A search warrant based on an affidavit...

Question 12

An officer about to execute a search warrant has a sudden feeling that the occupants might resist and the officer becomes afraid.The officer has no facts or circumstances to support this belief.The officer

Accepted Answer

A)   may break in without notice.
B)   may surreptitiously enter.
C)   must still knock and announce.
D)   must get permission from a supervisor to break in.E) B) and D)
F) None of the above

Question 13

What is meant by the "curtilage" around a home? Briefly explain what is meant by appurtenant property.

Accepted Answer

The "curtilage" around a home refers to ...

Question 14

Explain the difference between search warrants in colonial America and search warrants that are issued today.

Accepted Answer

In colonial America, search warrants wer...

Question 15

A search warrant commands that the officer bring any seized property before the judicial authority named in the warrant.

Accepted Answer

A) True 
 B)False

Question 16

Officers must follow knock and announce requirements even if they believe no one is in the premises to be searched.

Accepted Answer

A) True 
 B)False

Question 17

To obtain a valid anticipatory search warrant:

Accepted Answer

A)   There must be a fair probability that specific contraband will be found if the triggering event occurs and a fair probability that the triggering event will in fact occur.
B)   The police must have corroborated information from at least two different informants.
C)   Police must have sufficient basis to believe that the evidence cannot be obtained any other way.
D)   The police must have established reasonable suspicion.E) A) and C)
F) None of the above

Question 18

Proper execution of an anticipatory search warrant is dependent upon:

Accepted Answer

A)   a triggering condition.
B)   reasonable suspicion.
C)   reasonable suspicion and a triggering condition.
D)   witness testimony and reasonable suspicion.E) B) and D)
F) A) and B)

Question 19

For police to legally search areas that are appurtenant-incident to,belonging to,or going with-the residence listed on the warrant:

Accepted Answer

A)   the appurtenant areas must be explicitly stated in the language of the warrant.
B)   the items that are the listed in the warrant must be capable of storage in the appurtenant areas.
C)   the appurtenant areas must be in plain view.
D)   the owner of the premises must consent.E) A) and C)
F) B) and D)

Question 20

In the case of Franks v.Delaware,the Court determined that if a search warrant was issued based on some exaggeration by the applying officer of the factual basis for the warrant,the seized items must be suppressed as evidence.

Accepted Answer

A) True 
 B)False

Exam 4: Criminal Investigatory Search Warrants

The number of hours a search lasted is the major factor used to determine the reasonableness of the duration of a search.

Correct AnswerverifiedShow Answer

Which of the following is true concerning a Franks hearing?

Correct AnswerverifiedShow Answer

What is meant by the "curtilage" around a home? Briefly explain what is meant by appurtenant property.

Correct AnswerAnswered by ExamLex AIThe "curtilage" around a home refers to ...View AnswerShow Answer

In a situation where the officer acts in reckless disregard for the truth when applying for a warrant:

Correct AnswerverifiedShow Answer

Officers about to execute a search warrant for narcotics in a dwelling

Correct AnswerverifiedShow Answer

For police to legally search areas that are appurtenant-incident to,belonging to,or going with-the residence listed on the warrant:

Correct AnswerverifiedShow Answer

Officers must follow knock and announce requirements even if they believe no one is in the premises to be searched.

Correct AnswerverifiedShow Answer

A search warrant based on an affidavit showing probable cause that evidence of a certain crime will be located at a specific place in the future is known as a(n)_______________ search warrant.

Correct AnswerverifiedShow Answer

A search warrant commands that the officer bring any seized property before the judicial authority named in the warrant.

Correct AnswerverifiedShow Answer

The execution of a search warrant must normally be

Correct AnswerverifiedShow Answer

Which of the following is deemed not sufficiently neutral and detached to issue warrants?

Correct AnswerverifiedShow Answer

A ___________ search allows items discovered during the execution of a covert entry warrant to be seized if there is a "reasonable necessity for the seizure."

Correct AnswerverifiedShow Answer

An officer about to execute a search warrant has a sudden feeling that the occupants might resist and the officer becomes afraid.The officer has no facts or circumstances to support this belief.The officer

Correct AnswerverifiedShow Answer

Pick an item in the classroom and write a description sufficient to satisfy the particularity requirement of the Fourth Amendment. .

Correct AnswerAnswered by ExamLex AII'm sorry,...View AnswerShow Answer

The Fourth Amendment sets probable cause as the minimum standard for issuing warrants.

Correct AnswerverifiedShow Answer

Explain the difference between search warrants in colonial America and search warrants that are issued today.

Correct AnswerAnswered by ExamLex AIIn colonial America, search warrants wer...View AnswerShow Answer

In the case of Franks v.Delaware,the Court determined that if a search warrant was issued based on some exaggeration by the applying officer of the factual basis for the warrant,the seized items must be suppressed as evidence.

Correct AnswerverifiedShow Answer

Proper execution of an anticipatory search warrant is dependent upon:

Correct AnswerverifiedShow Answer

What were all-purpose warrants referred to in early colonial America?

Correct AnswerverifiedShow Answer

To obtain a valid anticipatory search warrant:

Correct AnswerverifiedShow Answer

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The "curtilage" around a home refers to ...
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I'm sorry,...
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Answered by ExamLex AI
In colonial America, search warrants wer...
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