Search and Seizure
Course
Court Systems
and Practices
Unit IX
Search and
Seizure
Essential
Question
What rules do
the police have
to abide by to
prevent
evidence from
being
inadmissible in
court?
TEKS
§130.296(c)
(5)(A)(B)(C)(E)
Prior Student
Learning
Miranda
Warning
Rationale
The criminal justice system is centered around rules that have to be
followed. It is important for police and prosecutors to understand these rules
so that people’s rights are not violated and criminals do not get off on a
technicality. It is important for defense attorneys to know these rules in order
to protect their clients from police misconduct.
Objectives
The student will be able to:
1. Define the 4th amendment and terms associated with it
2. Analyze the exceptions to a search warrant
3. Draw conclusions about how U.S. Supreme Court rulings concerning
the exclusionary rule apply
4. Role play an officer in a scenario involving someone’s 4th
amendment rights
Engage
Use the following scenario to start a class discussion.
You have been pulled over in your car. The officer asks to search your
car. Do you have the right to say no?
Use the Discussion Rubric for assessment.
Key Points
I.
Search and Seizure
A. 4th Amendment – protects citizens from unreasonable searches
and seizures
II.
Estimated Time
4 to 6 hours
Frisk
A. Frisk – a pat down of the outer clothing of a person whom an
officer has stopped or search of a container to which a detained
person may have immediate access to.
B. Why would someone be frisked? The purpose of a frisk is to
protect the safety of the officer.
C. What does an officer legally need to perform a frisk?
1. Reasonable suspicion
2. The officer has to be able to articulate why he or she feared
for his or her own safety and why he or she believes that the
person has or has access to a weapon that can be used to
cause injury or death.
D. What are some reasons to believe a person has a weapon?
1. The type of crime for which a person has been stopped
2. Furtive movements
3. Appearance of the person
lge
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4. The time and place (i.e. alone at a m
5. Proximity to a recent crime scene
6. High crime area
7. Reputation of the subject
8. The officer's experience
9. Matches the description of a wanted vehicle or person
E. The object of a frisk is to locate weapons.
1. Only reasonable force may be used
2. Only the outer clothing is touched unless something
suspicious is found
3. Evidence observed under the plain feel/plain touch doctrine
may be seized
F. What can be searched?
1. A person’s entire body
2. Vehicles
a. Anything within reach of the person
b. The glove box can be searched if it is unlocked and
within reach of that person
G. Frisk Case Law
1. Terry vs. Ohio
a. Terry Frisk – right of an officer to frisk for his own safety
2. Michigan vs. Long
a. It is permissible to search the passenger area of a
vehicle
b. The discovery of contraband can lead to more searching
III.
Search
A. Search – prying into hidden places for that which is concealed
where there is a reasonable expectation of privacy
B. What is required to conduct a search?
1. Search warrant
a. A written order issued by a magistrate and directed to a
peace officer to look for property
b. It contains probable cause
C. What about the officer who searches your car during a traffic stop?
IV. Searches Without a Warrant (A COP IS ME)
A. Abandonment
B. Consent
C. Open view/plain view
D. Public place
E. Inventory
F. Search incident to arrest
G. Mobile doctrine
H. Exigent circumstances
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V.
Abandonment
A. A person no longer has a right to privacy for something they have
abandoned.
B. A police officer must show evidence that the person took some
action which indicated he or she no longer claimed ownership of
the property.
1. Flight from a vehicle
2. Discarded objects
C. alifornia vs reen oo
1. The Supreme Court ruled that a person's trash is considered
abandoned property and can be searched.
a. A trash on the back porch would be in the curtilage (see
below) of the house and not considered abandoned
property
VI. Consent
A. Must be voluntary
B. May be withdrawn at any point
C. For cars
1. The driver must be free to go.
a. Occurs once the driver's license is returned
2. The search must not be done in a police-dominated area.
3. If the driver revokes consent, the search must stop.
D. For residences
1. Any adult who has regular, unrestricted access to a place
may grant consent for that place, but not for the personal
storage places of another.
2. Husband/Wife – either spouse may consent to a search.
3. Parent/Child – a parent can give consent for a child's property
but the child cannot give consent for the parent's property.
4. Landlord/Tenant – a landlord cannot give consent to search a
paying tenant's premise.
5. Roommates – a roommate can give consent to the search of
the common areas and his room, but not the other
roommate's personal storage.
6. Host/Guest – a host can consent to the search of a nonpaying guest's room but not to their luggage.
E. Other areas
1. Employer/Employee – an employer can consent to the search
of an employee's work area but not of his desk drawers,
locker, or personal tool box.
2. Employee/Employer – an employee can give consent to a
search of the premise if he or she is in charge of it for a
substantial length of time.
a. Manager, supervisor, etc.
3. School Official/Student – a school official who retains
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combinations to student lockers can give consent to a search
of the lockers.
a. No right to privacy
b. School officials can search student property if they have
good cause or reason to.
VII. Open/Plain View
A. A police officer must have a legal right to be where he is, and it
must be immediately apparent that the object is illegal.
B. When might this happen?
1. Standing on a sidewalk
2. In a public parking lot
3. In a motel corridor
4. In view from a neighbor's property, etc.
C. Plain feel also applies during a frisk.
D. Search of Open Fields
1. An officer does not need a search warrant to search an open
field.
2. An open field begins where the curtilage ends.
E. Curtilage – generally considered the area of open space
surrounding a dwelling which is so immediately adjacent to the
dwelling that it is considered part of the house.
1. Steps taken by the homeowner to protect the area from
passersby could make something into curtilage.
a. For example, a fence
VIII. Public Places – there is no expectation of privacy in most public places.
IX. Inventory
A. An inventory is a legitimate law enforcement activity that is not a
search, which also sometimes incidentally results in the discovery
of evidence.
B. A detailed list of articles and property must be kept.
C. Contraband found during an inventory may be lawfully seized and
used as evidence for charges.
D. To stand up in court, an inventory must be done in every
circumstance. (It is not a fishing expedition.)
X.
Search Incident to Arrest
A. Overruled
1. Chimel v. California (1969) – the area within reach of the
person is what can be searched after arrest, and
2. New York v. Belton (1983) – pertained to cars
B. Arizona v. Gant (2009)
1. The Supreme Court held that police may search the
passenger compartment of a vehicle incident to a recent
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occ pant’s arrest only if it is reasona le to elieve that the
arrestee might access the vehicle at the time of the search or
that the vehicle contains evidence of the offense of arrest.
XI. Mobile Doctrine
A. An officer may conduct a warrantless search of a readily movable
vehicle if
1. There is probable cause to believe that evidence of a crime is
inside and the officer cannot safely delay the search to obtain
a warrant.
2. The search must be made immediately and any area the
officer has probable cause to believe contains contraband
can be searched.
B. Carrol v. U.S. (1925) – a vehicle can be searched without a
warrant when there is probable cause and there is no time to
obtain a warrant because it is mobile.
C. U.S. v. Ross (1982) – containers in the car can also be searched
when Carrol v. U.S. applies.
1. A mobile home is not considered a vehicle when it is hooked
up to utilities.
XII. Exigent Circumstances
A. Specific situations where the court has ruled that the need of the
government to immediately provide for the safety and the welfare
of the citizens overrides the people's right to privacy, and a
warrant is not needed before searching.
B. What are some examples of exigent circumstances?
1. Emergency Circumstances
a. An unconscious person
b. An incoherent person
c. A medical aid situation
d. Shots fired
e. Fight noises or screams
f. Fires, explosions, or natural disasters, etc.
2. The police do not have to speculate as to whether the report
is correct.
a. The searching and seizing are confined to emergency
activities, are warranted, and searching must cease
once the emergency ends.
b. A warrant is required for more searching after the
emergency is over.
3. Hot Pursuit
a. In lawful, fresh pursuit of a fleeing felon a warrantless
entry is made into any place
b. No more than a 30 minute interruption in the pursuit
4. Imminent Destruction
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a. Entry into a house without a warrant to prevent the
imminent destruction of evidence or contraband
5. Other exigent circumstances
a. Securing a premise on alarm calls
b. Securing a crime scene for safety
XIII. Exclusionary Rule
A. Fruit of the Poisonous Tree
1. Evidence obtained after an illegal government action will be
excluded from evidence. This pertains to
a. Physical or tangible evidence
b. Confessions
c. Admissions
d. Identification
e. Testimony
B. Exclusionary Rule Cases
1. Escobedo v. Illinois – a defendant has the right to a lawyer
during police interrogation when in custody. This was
determined to be a 6th amendment issue but Miranda v.
Arizona overruled this case, making it a 5th amendment issue
instead.
2. Miranda v. Arizona – when a suspect is in custody, they have
to be advised of their right to a lawyer when talking to the
police.
3. Douglas v. California – the indigent must be provided a
lawyer if they cannot afford one on their own.
4. Weeks v. United States – the police must have a warrant to
seize items from a private residence. Any illegally obtained
items are not allowed in federal court as evidence.
5. Mapp v. Ohio – evidence obtained in violation of the 4th
amendment is not allowed in criminal prosecution in federal
or state courts.
C. Good Faith
1. If an officer performs an action based on information given to
him that he believes is credible, what he finds is not
considered fruit of the poisonous tree.
2. A person giving information is considered credible unless
proven otherwise.
3. There are exceptions.
Activities
1. Have the students research the specifics of the following cases and
explain how their rulings could impact a criminal investigation:
 Miranda v. Arizona
 Weeks v. United States
 Mapp v. Ohio
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 Douglas v. California
 Escobedo v. Illinois.
This can be done individually or in groups. If done in groups then each
group can present what they discovered to the class using computerbased presentation software. The instructor may want to add the other
cases covered in this lesson for research. Use the Presentation and
Writing Rubric as needed.
2. Divide the class into groups with one group made up of students who will
serve as an actor for each of the other groups in the scenarios (see the
Search and Seizure Scenarios document). The instructor can rotate
which groups will be the actors for each scenario to give every student
the chance to participate. Each scenario is the situation the groups will be
advised of with the actor being advised beforehand what to do. The
groups can all participate as officers in the scenario or have one person
from the group be the officer, depending on the scenario. The instructor
may simply want to have each student do each scenario by themselves
while the rest of the class works on the quiz or takes the test, giving a
grade based on how many of the scenarios they make the right decision
in. The students must explain their actions and why or why not evidence
would be admissible in court. The instructor may want to have each
student play the suspect after playing the officer for the next student, and
the instructor may want to plant props on the suspects as evidence to be
found. Use the Role Play Rubric for assessment.
3. Students complete an open-note quiz.
Assessments
Search and Seizure Exam and Key
Search and Seizure Quiz and Key
Discussion Rubric
Presentation Rubric
Research Rubric
Role Play Rubric
Writing Rubric
Materials
Search and Seizure computer-based presentation
Search and Seizure Scenarios Handout
Access to Supreme Court case law research materials
Computer-based presentation software
Resources
Champion, Dean John, Hartley, Richard D. & Rabe, Gary A. Pearson
Criminal Courts: Structure, Process, & Issues. (2nd edition) Prentice
Hall, 2008.
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Del Carmen, Rolando V. Criminal Procedure: Law and Practice. (8th edition)
Wadsworth, 2010.
Accommodations for Learning Differences
For reinforcement, students will research news stories where officers
violated the 4th amendment and what happened to those cases and those
officers. Use the Research Rubric for assessment.
For enrichment, students will write scenarios considering the exceptions to a
search warrant that can also be used in the scenario activity. Use the Writing
Rubric for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.296. Court Systems and Practices (One to Two Credits).
(5) The student explains the structure and provisions of the United States
Constitution and the Bill of Rights and how they impact the criminal trial
process. The student is expected to:
(A) apply the police responsibilities under the Fourth Amendment
regarding search and seizure in a simulated arrest scenario;
(B) determine if a search initiated in a scenario is proper under the
provisions of the Fourth Amendment;
(C) analyze the exclusionary rule and the fruit of the poisonous tree
doctrine to determine if evidence obtained in an illegal search
scenario is admissible in court;
(E) analyze the effect of landmark cases such as Miranda v. Arizona,
Weeks v. United States, Mapp v. Ohio, Douglas v. California, and
Escobedo v. Illinois on individuals entering the criminal justice
system;
Career and College Readiness Standards
V. Research
C. Produce and design a document.
1. Design and present an effective product.
2. Use source material ethically.
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Search and Seizure Scenarios Handout
1. The police get a call of an aggravated robbery that occurred at a gas station. Dispatch gives
a description of a person (more than one if needed for a big class) and advises that a
semiautomatic handgun was used. You arrive in the area and find a person walking two
blocks away from the gas station.
The correct legal outcome: The officer detains the suspect(s) and pats them down.
Whatever the officer finds is admissible in court because he or she had reasonable suspicion
to frisk the suspect for officer safety reasons. It can be revealed afterwards that the person
either was or was not the actual suspect. It would be the same result either way because the
officer had reasonable suspicion to conduct a pat down.
2. You pull a violator over on a traffic stop. When you make contact with the person you realize
that you have had many previous encounters with this person. You have arrested this person
many times and found drugs each time. Your experience is telling you that this person no
doubt has drugs again and you will find something in the car, but as of this moment that is all
you have to go on. How can you handle this?
The correct legal outcome: The officer can ask for consent. If the person says no then
there is nothing else that can be done unless the officer sees something in plain view, or the
officer arrests the violator for a traffic violation or an unrelated warrant and discovers the
possible drugs in an inventory. But that would have to be in compliance with department
policy and the U.S. Supreme Court Ruling.
3. You pull a violator over during a traffic stop. While you are talking to the violator you smell a
strong odor of marijuana. What are your options?
The correct legal outcome: The Mobile Doctrine applies here. The officer has probable
cause and no time to secure a warrant. The officer should have the violator step out of the
vehicle then search wherever marijuana can be found.
4. You are staking out a house and observe a marijuana plant growing in the living room of the
house. What will you do?
The correct legal outcome: The officer must get a search warrant articulating what was
seen and where in the house he or she wants to search.
5. You are driving by a house in your squad car where a known drug dealer lives, and observe
cocaine on a table in the kitchen of the house. You stop to be sure of what you see, and
observe the known drug dealer enter the kitchen, look at you, then take the cocaine to the
bathroom (presumably to flush down the toilet).
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The correct legal outcome: Exigent circumstance. The officer can enter the residence
without a warrant to prevent the destruction of evidence.
6. You respond to a call at a house where a woman has called 911 saying she cannot breath.
Yo arrive an knock on the oor Yo here a male voice say, “ o a ay! We on’t ant no
police!” What are yo r options?
You discover that there is a dead body and a murder weapon in the house. Can you order
the medics in to attend to the body? Can you confiscate the murder weapon for officer safety
purposes? It is later determined that the call came from another residence and the phone
lines mixe p the ispatcher’s information hen they ispatche yo to this a ress Ho
does that change things?
The correct legal outcome: Exigent circumstance. The officer has reason to enter the
resi ence itho t a arrant or consent eca se there is reason to elieve that someone’s
life is in danger. The officer is then justified in having medical personnel attend to the body
and confiscating the murder weapon. It does not matter that there was a technical issue with
the phone lines because the officer acted in good faith.
7. You pull someone over on a traffic stop. Before you can make contact, the person takes off
running. You chase the person into an apartment complex. You see them go into apartment
172. No matter how you handle this, there is a large quantity of drugs found in apartment
172. What can you do and what will become of the drugs?
The correct legal outcome: This is not an exigent circumstance. The officer is not chasing
someone who just committed a felony, only a misdemeanor. The officer can have a
perimeter set up around the apartment unit while a search warrant is obtained. The drugs will
only be admissible in court if this procedure is followed, unless the suspect gives the officers
consent to enter.
8. You respond to a robbery call. As you approach the scene you observe the described
suspect running. You get out of your car and pursue the suspect. The suspect runs into an
apartment complex and into apartment 172. No matter how you handle this, there is a large
quantity of drugs found in apartment 172. What can you do and what will become of the
drugs?
The correct legal outcome: This is an exigent circumstance (hot pursuit) because the
officer is chasing someone who committed a felony instead of a misdemeanor. The officer
can enter the apartment at his or her discretion and the drugs can be held as evidence
against the owner.
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9. You pull a traffic violator over. As they are coming to a stop they throw something out of the
window which you believe is drugs. What can you do?
The correct legal outcome: It is abandoned property. The officer can confiscate what was
thrown out of the car and use it has evidence against the violator.
10. You respond to a burglary alarm at a house. When you arrive you and your partner find the
back door has been pried open. When you go inside to clear the residence, you enter a
closet that has a strong smell of marijuana coming from it. You secure the closet and the rest
of the house and find nobody in it. You find that there are 10 marijuana bricks in a bag in the
closet. How would you have handled this situation to ensure that the marijuana is not thrown
out as evidence against the owner in court?
The correct legal outcome: The officer has reason to be in the house and encounter the
smell of the marij ana eca se it’s an exigent circ mstance After the rest of the ho se is
secure, the officer should then obtain a search warrant to search the closet and confiscate
the marijuana.
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Name________________________________ Date_________________________
Search and Seizure Exam
_____1.
What kind of searches does the 4th amendment protect us from?
a) harmful
b) unjustified
c) unreasonable
d) unlawful
_____2.
A frisk is the pat down of what?
a) luggage
b) personal items
c) cars
d) outer clothing
_____3.
What is the purpose of a frisk?
a) to look for drugs
b) to protect the officer
c) to search for evidence
d) to look for weapons
_____4.
What does an officer need to perform a frisk?
a) reasonable suspicion
b) probable cause
c) reasonable cause
d) probable suspicion
_____5.
The officer has to be able to articulate what for a frisk?
a) why he or she feared for his or her safety
b) why he or she believes the person has a weapon
c) why the person would want to hurt him or her
d) why he or she feared for his or her safety and believes the person has a
weapon
_____6.
What is the object of the frisk?
a) to look for drugs
b) to protect the officer
c) to search for evidence
d) to look for weapons
_____7.
When it comes to a vehicle an frisks, hat part of a vehicle can e “friske ”?
a) the whole car
b) only the area that is within reach of the subject
c) only the area that is within reach of the subject including a locked glovebox
d) only the person that was in the car can be searched
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_____8.
What is the famous case in which the Supreme Court ruled that police officers can
frisk?
a) Terry v. Ohio
b) Carrol v. U.S.
c) California v. Greenwood
d) U.S. v. Ross
_____9.
A search is the prying into what when there is a reasonable expectation of privacy?
a) luggage
b) vehicles
c) hidden places
d) a house
_____10. What is needed to conduct a search?
a) a license
b) a warrant
c) proof beyond a reasonable doubt that there something to look for
s pervisor’s approval
_____11. What is required to conduct a warrantless search?
a) reasonable suspicion
b) probable cause
c) reasonable cause
d) probable suspicion
_____12. When it comes to consent to search and vehicles, when does a person know he is
free to go?
a hen his river’s license is ret rne to him
b) at any time
c) after the officer drives away
d) after the traffic stop has lasted longer than 10 minutes
_____13. What does a school official need to search a st
a) probable cause
b) reasonable suspicion
c) a hunch
d) good cause
ent’s elongings?
_____14. What can an employer not give consent to search of when it comes to their
employee’s elongings?
a) desk drawer
b) work area bathroom
c) work area parking lot near that employee’s vehicle
d) break room
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_____15. What is something a person could do to show that he no longer has ownership of
property?
a) flight from a vehicle
b) discarded objects
c) all of the above
_____16. What Supreme Court case ruled that a person's trash is considered abandoned
property and can be searched?
a) Terry v. Ohio
b) Carrol v. U.S.
c) California v. Greenwood
d) U.S. v. Ross
_____17. What legal term studied is voluntary and can be withdrawn at any point?
a) permission
b) advice
c) consent
d) lawful
_____18. A police officer must have a legal right to be where he is and it must be
___________ that the object is illegal?
a) obvious
b) immediately apparent
c) probable
d) possible
_____19. There is an expectation of privacy in most public places.
a) True
b) False
_____20. What is generally considered to be that area of open space surrounding a dwelling
which is so immediately adjacent to the dwelling that it is considered part of the
house?
a) front or back porch
b) curtilage
c) brokerage
d) dog pin
_____21. Where does an open field begin?
a) at the roadway by a house
b) at the curb of a house
c) where the curtilage of a house ends
d) at the driveway of a house
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_____22. What is a legitimate law enforcement activity that is not a search, which sometimes
incidentally results in the discovery of evidence?
a) a frisk
b) a search
c) an inventory
d) an arrest
_____23. What must be done in every circumstance to stand up in court?
a) a frisk
b) a search
c) an inventory
d) an arrest
_____24. What Supreme Court case held that police may search the passenger compartment
of a vehicle inci ent to a recent occ pant’s arrest only if it is reasona le to elieve
that the arrestee might access the vehicle at the time of the search or that the vehicle
contains evidence of the offense of arrest?
a) Chimel v. California
b) Arizona v. Gant
c) New York v. Belton
_____25. What Supreme Court Case ruled that a vehicle can be searched without a warrant
when there is probable cause and there is no time to obtain a warrant because it is
mobile?
a) Terry v. Ohio
b) Carrol v. U.S.
c) California v. Greenwood
d) U.S. v. Ross
_____26. What Supreme Court case said the containers in the car can also be searched when
the above case applies?
a) Terry v. Ohio
b) Carrol v. U.S.
c) California v. Greenwood
d) U.S. v. Ross
_____ 27. When is a mobile home not considered a vehicle?
a) when it is no longer moving
b) when it is being filled up with gas
c) when it is parked in a trailer park
d) when it is hooked up to utilities
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_____28. What are specific situations in which the court has ruled that the need of the
government to immediately provide for the safety and the welfare of the citizens
overrides the people's right to privacy and a warrant is not first needed before
searching?
a) evanescent circumstances
b) exigent circumstances
c) extreme circumstances
d) exit circumstances
_____29. What would be an example of question 28?
a) hot pursuit
b) medical emergency
c) fresh destruction
d) stolen vehicle
e) a and b only
f) a and c only
g) all of the above
_____30. What is the Exclusionary Rule also known as?
a) fruit of the venomous tree
b) fruit of the sour tree
c) fruit of the dead tree
d) fruit of the poisonous tree
_____31. What is something that could be suppressed in court because of the Exclusionary
Rule?
a) confessions
b) physical evidence
c) admissions
d) all of the above
_____32. What Supreme Court case ruled that the indigent must be provided a lawyer if they
cannot afford one on their own?
a) Miranda v. Arizona
b) Weeks v. United States
c) Mapp v. Ohio
d) Douglas v. California
e) Escobedo v. Illinois
_____33. What Supreme Court case ruled that police must have a warrant to seize items from
a private residence, and that any illegally obtained items are not allowed in federal
court as evidence?
a) Miranda v. Arizona
b) Weeks v. United States
c) Mapp v. Ohio
d) Douglas v. California
e) Escobedo v. Illinois
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_____34. What Supreme Court case ruled that evidence obtained in violation of the fourth
amendment is not allowed in criminal prosecution in federal or state courts?
a) Miranda v. Arizona
b) Weeks v. United States
c) Mapp v. Ohio
d) Douglas v. California
e) Escobedo v. Illinois
_____35. What Supreme Court case ruled that a defendant has the right to a lawyer during
police interrogation when in custody?
a) Miranda v. Arizona
b) Weeks v. United States
c) Mapp v. Ohio
d) Douglas v. California
e) Escobedo v. Illinois
_____36. What Supreme Court case ruled that when a suspect is in custody, they have to be
advised of their right to a lawyer when talking to the police?
a) Miranda v. Arizona
b) Weeks v. United States
c) Mapp v. Ohio
d) Douglas v. California
e) Escobedo v. Illinois
_____37. To which of the following does the Good Faith Doctrine apply in Texas? In other
words, when would evidence found in a certain situation be allowed in court?
I. An officer receives information about an exigent circumstance that he or she
knows is not totally credible, but believes it could be a reason to enter
someone’s resi ence itho t a arrant here he or she is certain there is
contraband which is indeed found.
II. An officer receives information about an exigent circumstance he or she fully
elieves is cre i le an enters someone’s resi ence eca se of it; in the
process he or she finds contraband and also discovers the information that was
given was true.
III. An officer receives information about an exigent circumstance he or she fully
elieves is cre i le an enters someone’s resi ence eca se of it; in the
process the officer finds contraband though the information received ended up
being false.
IV. An officer pulls someone over and arrests the person on a warrant. While
searching the person after the arrest the officer finds contraband in his or her
pockets.
V. An officer pulls someone over and arrests the person on a warrant. While
searching the person after the arrest the officer finds contraband in his or her
pockets. The officer is advised the next day that the warrant was actually not
good and should not have been confirmed.
17
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a) I only
b) I, II and III
c) I and IV
d) I, III, and IV
e) II, IV
f) II,
g) II, III, and IV
h) II, IV, and V
i) I, II, III, IV, and V
Mark the most appropriate response for the following situations.
_____38. A police officer is walking down a dark alley and sees an abandoned car. The officer
shines a flashlight in the window and sees drugs and guns. The officer can
a) find out who the owner is and get consent to search the car
b) open the car door and confiscate the items
c) go get a search warrant for the car then search it
_____39. Harry is walking down the street. The police stop him and look through the suitcase
he is carrying itho t Harry’s permission The police fin an illegal eapon What ill
be the end result of this case?
a) Harry will be found guilty in court
b) The evidence will not be admissible in court and Harry will get off
_____40. A police officer walks by a house that has the front door open. The officer sees a bike
that has been reported stolen. The officer can
a) go in and get the bike
b) get consent from the owner of the house to get the bike
c) go get a warrant and then enter the house
d) both b or c
_____41. A police officer is in the back yard of John's house taking a report when he notices a
marijuana plant growing on John's neighbor's porch. The neighbor sees the officer
looking at the plant and quickly takes it into the house. The police officer can
a) make his way into the neighbor's house and seize the plant
b) go get a warrant then enter the house
c) knock on the neighbor's door and wait for consent to be given to go into the
house
_____42. The police arrest Joe for driving with no insurance and find marijuana in the trunk
upon conducting an inventory. Will the marijuana be admissible in court?
a) Yes
b) No
18
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_____43. The police go to Joe's house and his roommate gives them permission to enter. The
police find marijuana in the kitchen cabinet that belongs to Joe and charge him with
it. Will the marijuana be admissible in court?
a) Yes
b) No
_____44. The police go to Joe's house and his roommate gives them permission to enter. The
police find marijuana in Joe's room and charge him with it. Will the marijuana be
admissible in court?
a) Yes
b) No
_____45. After Joe spends the night at a motel the police ask the maids to turn over the
contents of the wastebasket; in it they find cocaine. The police charge Joe with
possession of the cocaine. Will this evidence be admissible in court?
a) Yes
b) No
_____46. The police see Joe driving a car that was reportedly carrying stolen merchandise.
They stop the car, search it, and find drugs. Joe is charged with the drugs. Will this
stand up in court?
a) Yes
b) No
_____47. Let's assume that Joe's rights were not violated and the officer feels something that
he thinks is a gun and pulls out a container that contains drugs. If Joe is charged with
the drugs will the evidence be admissible in court?
a) Yes
b) No
_____48. Joe's neighbors report that screams are coming from his house. The police arrive to
investigate and they also hear screams coming from inside the house. Nobody will
come to the door. Can the police force their way into the house?
a) Yes
b) No
_____49. If the police are justified in going into the house and find drugs on the kitchen table,
can they use that as evidence and charge Joe with drug possession?
a) Yes
b) No
_____50. Police arrest Jim for burglary. While he is in custody he confesses to the burglary.
Jim is not read his Miranda Warning. At court Jim's lawyer tries to get Jim's
confession thrown out as admissible. Will he be successful?
a) Yes
b) No
19
Copyright © Texas Education Agency, 2011. All rights reserved.
Search and Seizure Exam Key
1. C
2. D
3. B
4. A
5. D
6. D
7. B
8. A
9. C
10. B
11. B
12. A
13. D
14. A
15. C
16. C
17. C
18. B
19. B
20. B
21. C
22. C
23. C
24. B
25. B
26. D
27. D
28. B
29. E
30. D
31. D
32. D
33. B
34. C
35. E
36. A
37. G
38. B
39. B
40. D
41. A
42. A
43. A
44. B
45. A
46. A
47. A
48. A
49. A
50. A
20
Copyright © Texas Education Agency, 2011. All rights reserved.
Name________________________________
Date__________________________
Search and Seizure Quiz
1. What kind of searches does the 4th amendment protect us from?
_________________________________________________
2. A frisk is the pat down of what?
__________________________________________________
3. What is the purpose of a frisk?
__________________________________________________
4. What does an officer need to perform a frisk?
__________________________________________________
5. The officer has to be able to articulate what for a frisk?
__________________________________________________
6. What is the object of a frisk?
__________________________________________________
7. When it comes to a vehicle an frisks, hat part of a vehicle can e “friske ”?
__________________________________________________
8. What is the famous case in which the Supreme Court ruled that police officers can frisk?
__________________________________________________
9. A search is the prying into of what when there is a reasonable expectation of privacy?
___________________________________________________
10. What is needed to conduct a search?
__________________________________________________
11. What is required to conduct a warrantless search?
21
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__________________________________________________
12. Name three different things a person could do to show that he or she no longer has
ownership of property.
__________________________________________________
__________________________________________________
__________________________________________________
13. What Supreme Court case ruled that a person's trash is considered abandoned property
and can be searched?
__________________________________________________
14. What legal term studied is voluntary and can be withdrawn at any point?
__________________________________________________
15. A police officer must have a legal right to be where he is; what must the illegal object be?
__________________________________________________
16. What is there no expectation of in most public places?
__________________________________________________
17. What is a legitimate law enforcement activity that is not a search and which sometimes
incidentally results in the discovery of evidence?
__________________________________________________
18. When it comes to consent to search and vehicles, when does a person know he is free to
go?
__________________________________________________
19. What oes a school official nee to search a st
ent’s elongings?
__________________________________________________
20. What can an employer not give consent to a search of when it comes to his or her
employee’s elongings?
__________________________________________________
22
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21. What is generally considered to be that area of open space surrounding a dwelling which
is so immediately adjacent to the dwelling that it is considered part of the house?
__________________________________________________
22. Where does an open field begin?
__________________________________________________
23. What must be done in every circumstance to stand up in court?
___________________________________________________
24. What Supreme Court case held that police may search the passenger compartment of a
vehicle inci ent to a recent occ pant’s arrest only if it is reasona le to elieve that the
arrestee might access the vehicle at the time of the search or that the vehicle contains
evidence of the offense of arrest?
___________________________________________________
25. What Supreme Court Case said a vehicle can be searched without a warrant when there
is probable cause and there is no time to obtain a warrant because it is mobile?
____________________________________________________
26. What Supreme Court case ruled that containers in the car can also be searched when
the above case applies?
____________________________________________________
27. When is a mobile home not considered a vehicle?
____________________________________________________
28. What are specific situations where the court has ruled that the need of the government to
immediately provide for the safety and the welfare of the citizens overrides the people's
right to privacy and a warrant is not first needed before searching?
____________________________________________________
29. List at least four examples of number 28.
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
23
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30. What is the Exclusionary Rule also known as?
____________________________________________________
31. Name three things that could be suppressed at court because of the Exclusionary Rule?
____________________________________________________
____________________________________________________
____________________________________________________
32. What Supreme Court case ruled that when a suspect is in custody, he or she has to be
advised of the right to a lawyer when talking to the police?
____________________________________________________
33. What Supreme Court case ruled police must have a warrant to seize items from a private
residence and that any illegally obtained items are not allowed in federal court as
evidence?
____________________________________________________
34. What Supreme Court cases ruled that evidence obtained in violation of the fourth
amendment is not allowed in criminal prosecution in federal or state courts?
____________________________________________________
35. What Supreme Court Case ruled that the indigent must be provided a lawyer if they
cannot afford one on their own?
____________________________________________________
36. What Supreme Court case ruled that a defendant has the right to a lawyer during police
interrogation when in custody?
____________________________________________________
37. When does the Good Faith Doctrine apply?
____________________________________________________
____________________________________________________
____________________________________________________
38. When does the Good Faith Doctrine not apply?
____________________________________________________
____________________________________________________
____________________________________________________
24
Copyright © Texas Education Agency, 2011. All rights reserved.
Search and Seizure Quiz Key
1.
2.
3.
4.
5.
Unreasonable
Outer clothing
To protect the officer
Reasonable suspicion
Why he or she feared for his or her safety and why he or she believes the person has a
weapon
6. To look for weapons
7. Only the area that is within reach of the subject
8. Terry v. Ohio
9. Hidden places
10. A warrant or probable cause and mobile doctrine
11. Probable cause, A COP IS ME
12. Flight from a vehicle, thrown away objects, discarded objects
13. California vs. Greenwood
14. Consent
15. Immediately apparent
16. Privacy
17. An inventory
18. When his river’s license is ret rne to him
19. Good cause
20. Desk drawer or locker
21. Curtilage
22. Where the curtilage of a house ends
23. An inventory
24. Arizona v. Gant
25. Carrol v. U.S.
26. U.S. v. Ross
27. When it is hooked up to utilities
28. Exigent circumstances
29. Hot pursuit, medical emergency, imminent destruction, securing a premise on alarm calls,
securing a crime scene for safety, etc.
30. Fruit of the poisonous tree
31. Confessions, physical evidence, admissions
32. Miranda v. Arizona
33. Weeks v. United States
34. Mapp v. Ohio
35. Douglas v. California
36. Escobedo v. Illinois
37. When the officer takes action based on information he believes is credible and finds
evidence though he later discovers the information is wrong
38. When an officer arrests someone on a warrant and finds contraband, but the warrant he
based the arrest on is not good
25
Copyright © Texas Education Agency, 2011. All rights reserved.
Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
26
Copyright © Texas Education Agency, 2011. All rights reserved.
Name:____________________________________
Date:_____________________________
Presentation Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Topic/Content
 Topic discussed completely and in-depth
 Includes properly cited sources (if used)
Creativity/Neatness
 Integrates a variety of multimedia effects
to create a professional presentation
(transition and graphics) or appropriate
visual aid used
 Title slide, table of contents, bibliography
are included, using acceptable format
Mechanics
 Grammar, spelling, punctuation, and
capitalization are correct
 Image and font size are legible to the
entire audience
Oral Presentation
 Communicates with enthusiasm and eye
contact
 Voice delivery and projection are
dynamic and audible
Audience Interaction
 Presentation hol s a ience’s attention
and relates a clear message
 Clearly and effectively communicates the
content throughout the presentation
Total Points (20 pts.)
Comments:
27
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Name______________________________________
Date_______________________________________
Research Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Question/goal
Student identified and communicated a question
or goal of the research
Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Conclusion/Summary
Student drew insightful conclusions and
observations from the information gathered.
Information is organized in a logical manner
Communication
Student communicated the information gathered
and summary or conclusions persuasively.
Student demonstrated skill in the use of media
used to communicate the results of research
Reflection
Student reflected on the importance of the
research and its potential application
Total Points (20 pts.)
Comments:
28
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Name:____________________________________
Date:_____________________________
Role Play Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Relates to the audience
Provides fluent rendition of the
scenario
All required content is included
Acts with feeling and expression
Varies intonation
Presents characters appropriately
Gives the scenario its full range
Breaches are easily identified
Total Points (32 pts.)
Comments:
29
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Name:____________________________________
Date:_____________________________
Writing Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
The writing has all required parts from
introduction to conclusion in smooth
transition.
The writing is interesting, supportive,
and complete.
The writing demonstrates that the
writer comprehends the writing
process.
Accurate spelling, grammar, and
punctuation
The content of paragraphs
emphasizes appropriate points.
The writer shows an understanding of
sentence structure, paragraphing, and
punctuation.
All sources and references are clearly
and accurately documented.
Total Points (28 pts.)
Comments:
30
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