Exam 5: Seizure of Things

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There are no limits to what the government can do in an effort to solve a crime.

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A(n) ________ is defined as the exercise of dominion or control by the government over a person or thing because of a violation of law.

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A

"The right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures …" This is established in the ________ Amendment.

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From the following, which type of items best describe "fruits of the crime"?

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DNA samples collected as part of a routing booking procedure should be kept for 20 years, even if the suspect is not convicted for the alleged crime.

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The police may make a warrantless seizure of evidence that is likely to disappear before a warrant can be obtained.

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Generally, there is a warrant requirement to conduct blood tests in DWI cases.

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A search warrant that does not contain a particular description of the things to be seized is ________.

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A person cannot be criminally punished for refusal of a BAC breath test.

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Compelled surgical intrusions into an individual's body may be of such a magnitude that the intrusion is unreasonable even if it may produce evidence of a crime.

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From the following, which type of items best describe "instrumentalities of a crime"?

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A search warrant that does not particularly describe the persons or things to be seized, but has those in the application that was filed with the judge, does not violate the Fourth Amendment.

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Refusal of a BAC blood test can result in:

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The seizure of "real or physical" evidence does not violate Fifth Amendment guarantees as this only applies to ________ evidence.

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What is the justification required for the seizure of items by the police?

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What are the four general categories into which items subject to police seizures fall?

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In City of West Covina v. Perkins, the Court held that the ________ does not require the police to provide the owner of property seized with notice of remedies specified by state law for the property's return and the information necessary to invoke those procedures.

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Drawing blood from a suspect without his or her consent does not violate any constitutional rights, even if this is done without any medically accepted procedures.

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Which of the following cases best illustrates the "evanescent evidence" exception to the warrant requirement?

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Detaining occupants of the premises in handcuffs for a certain period of time while executing a search warrant does not by itself violate the Fourth Amendment prohibition against unreasonable searches and seizures.

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