LESSON
PRACTICE EXERCISE

Instructions The following items will test your understanding of the material covered in this lesson. There is only one correct answer for each item. When you have completed the exercise, check your answers with the answer key that follows. If you answer any item incorrectly, review that part of the lesson which contains the portion involved.
1. The Constitutional protection against unlawful searches and seizures is found in:

A.   The 1st Amendment.
B.   The 4th Amendment.
C.   The 5th Amendment.
D.   The 6th Amendment.
2. In order for the Constitutional prohibition against unlawful searches to apply, the following must be present:

A.   Government action.
B.   A reasonable expectation of privacy.
C.   Actual ownership of the premises searched.
D.   A. and B. only.
3. A search of abandoned property is:

A.   Illegal unless there is consent.
B.   Illegal unless there is probable cause.
C.   Illegal, but the evidence will be admissible anyway.
D.   Legal.
4. A search by one's spouse:

A.   Is legal, but the evidence will be inadmissible.
B.   Is illegal, and the evidence will be inadmissible.
C.   Does not trigger the Constitutional prohibition against illegal searches and seizures.
D.   None of the above.
5. If officials of a foreign government conduct a search overseas:

A.   The evidence is never admissible in a U.S. court.
B.   The search is illegal, since the Constitution protects Americans from such a search.
C.   The evidence will be admissible in a U.S. court.
D.   There is still "government action," so the search will be illegal and the evidence will not be admissible.
6. A search of government property:

A.   Is always legal, since the U.S. Constitution doesn't apply to a search of the government's own property.
B.   Is always legal, since there is no right of privacy in the government's own property.
C.   Is legal, but the evidence will not be admissible in court.
D.   None of the above.
7. If there is an illegal search and seizure, the evidence that is seized will not be admitted in court. This is the result of the:

A.   Derivative evidence rule.
B.   Best evidence rule.
C.   Exclusionary rule.
D.   Rule 56 of the Federal Rules of Criminal Procedure.
8. Which of the following is a recognized exception to the application of the rule noted in question 7 (above) ?

A.   The good faith exception.
B.   The bad faith exception.
C.   The extenuation exception.
D.   The misdelivery exception.
9. Which of the following can issue a search authorization?

A.   The Staff Judge Advocate (SJA).
B.   Any JAG officer, including the SJA.
C.   The provost marshal.
D.   None of the above.
10. A search authorization:

A.   Requires the existence of probable cause.
B.   Must be based on sworn testimony.
C.   Must be in writing.
D.   All of the above.
11. In terms of establishing probable cause:

A.   Hearsay is not admissible.
B.   Hearsay is admissible, but it must be substantiated by a sworn affidavit.
C.   Hearsay is admissible, but only if in writing.
D.   None of the above.
12. The two-part probable cause test for evaluating an informant's tip is known as:

A.   The Escobedo test.
B.   The Redford test.
C.   The Aguilar test.
D.   None of the above.
13. The two-prong test referred to in question 12 (above) is composed of the following:

A.   Basis of knowledge and sworn testimony.
B.   Reliability and sworn testimony.
C.   Hearsay plus direct evidence.
D.   Basis of knowledge plus reliability.
14. Even an anonymous tip may be enough to establish probable cause if the police officer can independently verify the facts by his own personal observation. The technical term for this is:

A.   Corroboration.
B.   Verification.
C.   Substantiation.
D.   Reliability enhancement.
15. In order to have a valid consent search:

A.   The consent must be in writing.
B.   The suspect must be told what the searcher is looking for.
C.   Neither of the above.
D.   Both of the above.
16. During an investigative stop, a suspect may be frisked:

A.   For drugs.
B.   For contraband.
C.   For weapons.
D.   All of the above.
17. During the execution of a search authorization, items not named in the authorization:

A.   May be seized if a separate authorization is later obtained.
B.   May be seized, but aren't admissible in court.
C.   May be seized if there is probable cause to believe they are contraband or evidence of a crime.
D.   May be seized, but only if they appear to be weapons.
18. If a suspect is apprehended in an automobile, a search incident to the apprehension may:

A.   Include the entire automobile.
B.   Include the passenger compartment of the automobile.
C.   Not include any part of the automobile, since such a search may only include the suspect himself.
D.   Include the automobile, but only if there is probable cause to believe that it contains a weapon.
Answer Key and Feedback