GA Bar Criminal Procedure 2 ā Questions and Answers
Question 1: Under the automobile exception, police may search a vehicle without a warrant if:
- The vehicle is parked in a public place
- They have probable cause to believe it contains contraband or evidence of a crime (Correct answer)
- The driver has been placed under arrest
- The vehicle was stopped for a traffic violation
Correct 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.
Question 2: Under the third-party doctrine, a person has no reasonable expectation of privacy in:
- The contents of their home
- Information voluntarily shared with third parties (Correct answer)
- Their sealed personal mail
- Their private medical records
Correct 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.
Question 3: A Terry investigatory stop is constitutionally permissible when an officer has:
- Probable cause to believe a crime has been committed
- Reasonable articulable suspicion of criminal activity (Correct answer)
- A valid arrest warrant
- Consent from the suspect
Correct 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.
Question 4: Which of the following does NOT constitute a recognized exception to the Fourth Amendment warrant requirement?
- Consent given by the homeowner
- Exigent circumstances such as hot pursuit
- An officer's subjective belief that evidence is present (Correct answer)
- A search incident to a lawful arrest
Correct 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.
Question 5: Under the plain view doctrine, police may seize an item without a warrant when:
- They are lawfully present, the item is in plain view, and its incriminating nature is immediately apparent (Correct answer)
- The item is visible through binoculars from a public sidewalk
- The item can be seen from a public area even if officers are trespassing
- The item was described in a search warrant for another location
Correct 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.
Question 6: Which of the following is NOT a recognized exigent circumstance that justifies a warrantless entry?
- Hot pursuit of a fleeing felon
- Imminent risk of destruction of evidence
- An officer's desire to conduct a thorough investigation (Correct answer)
- Emergency aid to a seriously injured person
Correct 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 aidāan officer's investigative desire does not qualify.
Question 7: An inventory search of a lawfully impounded vehicle is constitutionally valid if:
- Police have probable cause to believe drugs are inside
- The search is conducted pursuant to standardized departmental procedures (Correct answer)
- The driver was arrested for a narcotics offense
- The vehicle owner provides retroactive consent
Correct 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.
GA Bar Criminal Procedure 2
Under the automobile exception, police may search a vehicle without a warrant if: