CJUS 410 EXAM 3 QUESTIONS WITH ANSWERS
LATEST UPDATE ALREADY GRADED A+
___________ barriers make determining voluntariness more
difficult - correct answer- language
_______________ has the burden of showing that someone
consented and that the person had actual or apparent authority
to do so - correct answer- prosecution
-intoxication
-intelligence and education level
-language barriers
may all affect - correct answer- voluntariness of consent
-the controlling consideration in a warrantless search of a motor
vehicle is - correct answer- probable cause
-the vehicles location
-whether the vehicle is readily mobile or instead, for instance,
elevated "on blocks"
,-whether the vehicle is licensed
-whether it is connected to utilities
-whether it has convenient access to a public road - correct
answer- whether a mobile home was being used as a
residence as opposed to a readily mobile vehicle; (noted in
Carney)
, a warrantless seizure of the vehicle itself is allowed when police
have probable cause to believe - correct answer- that the
vehicle itself is contraband
"objective reasonableness" standard depends on - correct
answer- the facts of each case
(LEO/prosecution) has the burden of showing that someone
consented and that the person had actual or apparent authority
to do so - correct answer- prosecution
2 requirements for plain view doctrine: - correct answer-
officer must act reasonable/have justification for intruding a
zone of privacy
,incriminating character of evidence must be immediately
apparent
2 requirements of automobile exception: - correct answer-
1- probable cause to believe vehicle contains items incriminating
in character
2- vehicle must be readily mobile
a bailee may consent to a search of the property if - correct
answer- the bailee has full possession and control
a general consent to search a particular area of a vehicle
(does/does not necessarily) allow the search of all containers in
that area of the vehicle - correct answer- does not
necessarily
a handful of states require that consenting persons be aware of
their right to refuse ___________ in addition to requiring that
the consent be voluntary - correct answer- consent
a lawful inventory (may/may not) extend to a vehicles glove
compartment - correct answer- may
, a LEO seeking to obtain a valid consent to search from a person
(needs/does not need) to warn that person of his/her right to
refuse consent - correct answer- does not need
a person has a ____________ expectation of privacy in a motor
vehicle - correct answer- lessened
a person in custody who is asked to provide consent should first
be given ______________ _____________ - correct
answer- Miranda warnings
a person in possession of someone elses personal property with
the lawful permission of the rightful owner - correct
answer- bailee
a person who is in police custody can voluntarily consent to a
search without being warned of the right to refuse consent,
though the warning remains a factor in the overall
__________________ inquiry - correct answer-
voluntariness
LATEST UPDATE ALREADY GRADED A+
___________ barriers make determining voluntariness more
difficult - correct answer- language
_______________ has the burden of showing that someone
consented and that the person had actual or apparent authority
to do so - correct answer- prosecution
-intoxication
-intelligence and education level
-language barriers
may all affect - correct answer- voluntariness of consent
-the controlling consideration in a warrantless search of a motor
vehicle is - correct answer- probable cause
-the vehicles location
-whether the vehicle is readily mobile or instead, for instance,
elevated "on blocks"
,-whether the vehicle is licensed
-whether it is connected to utilities
-whether it has convenient access to a public road - correct
answer- whether a mobile home was being used as a
residence as opposed to a readily mobile vehicle; (noted in
Carney)
, a warrantless seizure of the vehicle itself is allowed when police
have probable cause to believe - correct answer- that the
vehicle itself is contraband
"objective reasonableness" standard depends on - correct
answer- the facts of each case
(LEO/prosecution) has the burden of showing that someone
consented and that the person had actual or apparent authority
to do so - correct answer- prosecution
2 requirements for plain view doctrine: - correct answer-
officer must act reasonable/have justification for intruding a
zone of privacy
,incriminating character of evidence must be immediately
apparent
2 requirements of automobile exception: - correct answer-
1- probable cause to believe vehicle contains items incriminating
in character
2- vehicle must be readily mobile
a bailee may consent to a search of the property if - correct
answer- the bailee has full possession and control
a general consent to search a particular area of a vehicle
(does/does not necessarily) allow the search of all containers in
that area of the vehicle - correct answer- does not
necessarily
a handful of states require that consenting persons be aware of
their right to refuse ___________ in addition to requiring that
the consent be voluntary - correct answer- consent
a lawful inventory (may/may not) extend to a vehicles glove
compartment - correct answer- may
, a LEO seeking to obtain a valid consent to search from a person
(needs/does not need) to warn that person of his/her right to
refuse consent - correct answer- does not need
a person has a ____________ expectation of privacy in a motor
vehicle - correct answer- lessened
a person in custody who is asked to provide consent should first
be given ______________ _____________ - correct
answer- Miranda warnings
a person in possession of someone elses personal property with
the lawful permission of the rightful owner - correct
answer- bailee
a person who is in police custody can voluntarily consent to a
search without being warned of the right to refuse consent,
though the warning remains a factor in the overall
__________________ inquiry - correct answer-
voluntariness
