CJUS 410 EXAM 3 QUESTIONS AND CORRECT
VERIFIED ANSWERS) ALREADY GRADED A
____________ means the officer has no legal right to make a
formal arrest, but erroneously assumes that right. The arrest is
still technically a formal arrest despite the officer's error. -
correct answer- Pretended authority
"Physical entry of the home is the chief evil against which the
fourth amendment is directed" - correct answer- Payton
v. New York (1980)
4th amendment permits warrantless searches if______ and
________ - correct answer- in a public place and under
certain circumstances
A citation, ticket, or notice to appear merely gives notice to
offenders that they may be arrested if they do not voluntarily
appear in court to answer the charges against them - correct
answer- True
A complaint is - correct answer- a written statement of
the essential facts constituting the offense charged
,A container (motor vehicle searches incident to arrest) includes:
- correct answer- closed or open glove boxes, consoles or
other receptacles located anywhere within the passenger
compartment, as well as luggage, boxes, bags, clothing and the
like
A covert entry warrant, also known as a _____________ is a
search warrant that specifically authorizes officers to enter
unoccupied premises, search for specified evidence, and leave-
without seizing the evidence they find and without leaving a
trace than an entry has been made. - correct answer-
sneak-and-peek warrant (must be without leaving a trace and
without seizing evidence)
A full search is not authorized unless the officer takes the
arrestee into custody and transports the arrestee to a police
station or other place to be dealt with according to the law -
correct answer- True
A more general description is allowed when specificity is
impossible or very difficult - correct answer- True
A presence requirement may be satisfied simply by the
defendant's admission of guilt - correct answer- True
,A search is said to be _________ with an arrest if the search is at
the same time probable cause to arrest develops or is conducted
shortly thereafter - correct answer- contemporaneous
A search warrant authorizing the search of particularly described
premises also justifies a search of all things ___________ --
incident to, belonging to, or going with--the principal property,
such as buildings on the land and other things attached to or
annexed to the land - correct answer- appurtenant
A search warrant gives officers authority to break into a house or
other objects of the search and to damage porperty if
reasonably necessary to properly execute the warrant -
correct answer- True (however, they must conduct a
search in a manner designed to do the least damage possible
while still making a thorough examination of the premises)
A summons is - correct answer- a court order that
commands someone to appear before a court to respond to
charges
, A summons is typically issued when the offense charged in a
complaint is a __________ - correct answer-
misdemeanor
A sworn written statement of the facts relied on in seeking the
issuance of a warrant is a(n) ___________ - correct answer-
affidavit
According to FRCP 41, the officer executing the warrant must
give ____________ and a ____________ for the property taken
to the person from whom, or form whose premises, the
property was taken or leave _______ of the warrant and
_________ at the place where the officer took the property -
correct answer- a copy of the warrant; receipt; a copy of
the warrant; receipt
Affiant - correct answer- Writer of a Warrant (LEO)
Affidavit - correct answer- -Writing that requests the
warrant.
-It must describe with particularity "the place to be searched and
the persons or things to be seized."
-Must be sworn under oath
VERIFIED ANSWERS) ALREADY GRADED A
____________ means the officer has no legal right to make a
formal arrest, but erroneously assumes that right. The arrest is
still technically a formal arrest despite the officer's error. -
correct answer- Pretended authority
"Physical entry of the home is the chief evil against which the
fourth amendment is directed" - correct answer- Payton
v. New York (1980)
4th amendment permits warrantless searches if______ and
________ - correct answer- in a public place and under
certain circumstances
A citation, ticket, or notice to appear merely gives notice to
offenders that they may be arrested if they do not voluntarily
appear in court to answer the charges against them - correct
answer- True
A complaint is - correct answer- a written statement of
the essential facts constituting the offense charged
,A container (motor vehicle searches incident to arrest) includes:
- correct answer- closed or open glove boxes, consoles or
other receptacles located anywhere within the passenger
compartment, as well as luggage, boxes, bags, clothing and the
like
A covert entry warrant, also known as a _____________ is a
search warrant that specifically authorizes officers to enter
unoccupied premises, search for specified evidence, and leave-
without seizing the evidence they find and without leaving a
trace than an entry has been made. - correct answer-
sneak-and-peek warrant (must be without leaving a trace and
without seizing evidence)
A full search is not authorized unless the officer takes the
arrestee into custody and transports the arrestee to a police
station or other place to be dealt with according to the law -
correct answer- True
A more general description is allowed when specificity is
impossible or very difficult - correct answer- True
A presence requirement may be satisfied simply by the
defendant's admission of guilt - correct answer- True
,A search is said to be _________ with an arrest if the search is at
the same time probable cause to arrest develops or is conducted
shortly thereafter - correct answer- contemporaneous
A search warrant authorizing the search of particularly described
premises also justifies a search of all things ___________ --
incident to, belonging to, or going with--the principal property,
such as buildings on the land and other things attached to or
annexed to the land - correct answer- appurtenant
A search warrant gives officers authority to break into a house or
other objects of the search and to damage porperty if
reasonably necessary to properly execute the warrant -
correct answer- True (however, they must conduct a
search in a manner designed to do the least damage possible
while still making a thorough examination of the premises)
A summons is - correct answer- a court order that
commands someone to appear before a court to respond to
charges
, A summons is typically issued when the offense charged in a
complaint is a __________ - correct answer-
misdemeanor
A sworn written statement of the facts relied on in seeking the
issuance of a warrant is a(n) ___________ - correct answer-
affidavit
According to FRCP 41, the officer executing the warrant must
give ____________ and a ____________ for the property taken
to the person from whom, or form whose premises, the
property was taken or leave _______ of the warrant and
_________ at the place where the officer took the property -
correct answer- a copy of the warrant; receipt; a copy of
the warrant; receipt
Affiant - correct answer- Writer of a Warrant (LEO)
Affidavit - correct answer- -Writing that requests the
warrant.
-It must describe with particularity "the place to be searched and
the persons or things to be seized."
-Must be sworn under oath
