Question 1: Proper Scope of a Stop and Frisk According to Terry v. Ohio
1. Which of the following rationales describes the proper scope of a “stop and frisk” according to Terry v. Ohio?
A. thorough search of the person for weapons and evidence of a crime
B. limited search or pat-down of clothing for weapons only
C. limited search or pat-down of clothing for weapons and evidence of a crime
D. thorough search of the person for weapons only
2. Which of the following is NOT a correct statement about United States v. Robinson?
A. it extends Terry v. Ohio’s “stop and frisk” rationale to searches of persons incident to arrest
B. it establishes a rule that applies to all searches of persons incident to arrest regardless of the circumstances
C. it allows for a thorough search of persons incident to arrest for weapons
D. it allows for a thorough search of persons incident to arrest for evidence of a crime
3. Which of the following warrantless searches requires probable cause?
A. search incident to arrest in a home
B. search of an automobile for a specific item or items
C. consent searches
D. search incident to an arrest in a vehicle
E. search of a person incident to arrest
4. Based on the holding in Collins v. Virginia, in which of the following scenarios would a warrantless search be constitutional?
A. police seize contraband which is in plain view in a vehicle parked on the street
B. police seize contraband in a home which can be viewed through a window
C. police seize contraband in an automobile parked in a garage attached to a house
D. police seize contraband in an automobile parked in the curtilage of a house
5. Based on the reasoning of United States v. Robinson and California v. Riley, which of the following warrantless searches incident to arrest would NOT be legal?
A. search of a cigarette pack in the possession of the person arrested
B. search of a wallet in the possession of the person arrested
C. search of an address book in the possession of the person arrested
D. search of a laptop in the possession of the person arrested
6. Writs of assistance were opposed by the American colonists because
A. they were general writs that did not specify the items to be searched for or their location
B. they were not subject to review by a neutral judge or magistrate
C. they were used to harass or intimidate
D. all of the above
7. Which of the following best explains why the Fourth Amendment’s right against unreasonable searches and seizures was a considered to be a fundamental right by Americans at the time of the ratification of the Constitution?
A. it was a type of property right based on natural law
B. it protected the right of privacy embodied in the idea of individual autonomy
C. it protected the right of privacy in one’s home against arbitrary searches and seizures by the government
D. it protected the right to conduct private business including smuggling
8. Which of the following is a true statement about the exclusionary rule?
A. it is always applied when a search or seizure is not based on probable cause
B. it is only applied when a search or seizure cannot be justified under a theory of deterrence
C. it is only applied when a search or seizure is not authorized by a warrant
D. it is applied when a search or seizure is determined to be unconstitutional by the courts