True/False
Police officers can search the trash of a suspect without triggering the 4th amendment.
True
The Fourth Amendment specifically states that no warrants shall be issued but upon:
Visually identifying a gun in a lawfully stopped vehicle would fall under the...
plain view doctrine
The police come to the apartment of a suspect, suspected of dealing drugs. The suspect is not home, but the roommate is, and gives consent for them to search. Is this allowed?
Yes
Consent to search is valid even if a person feels pressured or threatened by police.
FALSE - has to be voluntary
A government actor’s infringement on a person’s reasonable expectation of privacy is considered a _________.
search
During patrol around 10 pm at night, an officer pulls over a car driving without their lights on. The police officer goes up to the car and he can smell marijuana. He asks if he can search the car and the driver says no. Can the police officer search his car without a warrant?
Yes
After a traffic stop for running a red light, a police officer moves your passenger seat back and finds an unregistered gun.
Illegal. Plain view does not apply...
A police officer needs probable cause to conduct a plain view search.
True
The requirement that a search warrant state precisely where the search is to take place and what items are to be seized is referred to as ________.
particularity
After placing a suspect under arrest, police search the suspect’s pockets and the area within arm’s reach to ensure safety and preserve evidence. This is allowed because of
search incident to an arrest
After a legal stop, a police officer gives you a pat-down (frisk) because he sees a small bulge in your pocket.
Illegal - in a stop and frisk you can only do a pat-down to look for weapons
The Plain view exception requires that the police be operating under a valid warrant when they find the incriminating evidence in plain view.
False
Any unoccupied or undeveloped real property outside the grounds attached to a home is referred to as:
an open field
If there is a potential threat that a suspect might destroy evidence, the police can conduct a warrantless search based on the doctrine of _______.
exigent circumstances
Officers obtain a warrant to search a house’s detached garage for illegal weapons. They do not find anything in the garage but see a junk pile about 10 feet from the shed. After picking through some of the junk, they find a bag of illegal drugs and a stash of cash.
Illegal - warrant specificity, no plain view.
Officers are allowed to stop random vehicles to conduct searches.
False
The _________ refers to the grounds or fields attached to a house or property.
curtilage
Does a stop & frisk require probable cause or reasonable suspicion?
reasonable suspicion
A person is stopped for trafficking in illegal weapons, arrested, handcuffed and locked in the back of the police car. The police proceed to search the entire vehicle for weapons.
Legal - automobile exception