Criminal Procedure Flashcards

Under the automobile exception, police may search a vehicle without a warrant if:

Answer: They have probable cause to believe it contains contraband or evidence of a crime

The automobile exception permits warrantless searches when officers have probable cause to believe the vehicle contains contraband or evidence of a crime.

Under the third-party doctrine, a person has no reasonable expectation of privacy in:

Answer: Information voluntarily shared with third parties

The third-party doctrine holds that individuals lose Fourth Amendment protection over information they voluntarily disclose to third parties.

A Terry investigatory stop is constitutionally permissible when an officer has:

Answer: Reasonable articulable suspicion of criminal activity

Terry v. Ohio permits brief investigatory stops based on reasonable articulable suspicion, which is a lower standard than probable cause.

Which of the following does NOT constitute a recognized exception to the Fourth Amendment warrant requirement?

Answer: An officer's subjective belief that evidence is present

Mere belief or suspicion alone never justifies a warrantless search; a specific recognized exception such as consent, exigency, or search incident to arrest must apply.

Under the plain view doctrine, police may seize an item without a warrant when:

Answer: They are lawfully present, the item is in plain view, and its incriminating nature is immediately apparent

The plain view doctrine requires lawful presence at the location, that the item be in plain view, and that its incriminating character be immediately apparent.

Which of the following is NOT a recognized exigent circumstance that justifies a warrantless entry?

Answer: An officer's desire to conduct a thorough investigation

Exigent circumstances are limited to genuine emergencies such as hot pursuit, imminent destruction of evidence, or emergency aid—an officer's investigative desire does not qualify.

An inventory search of a lawfully impounded vehicle is constitutionally valid if:

Answer: The search is conducted pursuant to standardized departmental procedures

Inventory searches are constitutionally permissible when conducted according to standardized police procedures without requiring individualized suspicion or probable cause.