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  Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association
 
 

June 2013     MCLE Test and Answer Sheet

Test No. 225: Incident to Arrest

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $20 testing fee ($25 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
  Test Sheet
 
 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*  

1. The Fourth Amendment ensures that individuals receive:
 A. Protection over free speech.
 B. Due process of law.
 C. Protection from unreasonable search or seizure.
 D. A jury trial.

2. Under the "search incident to arrest" exception, police may not contemporaneously search any containers found on the arrestee's person.
 True.
 False.

3. The purpose of the "search incident to arrest" exception to the warrant requirement is to allow officers to track and gather information on citizens.
 True.
 False.

4. Under the "search incident to arrest" exception, officers may contemporaneously search within the area within the arrestee's immediate control.
 True.
 False.

5. The U.S. Supreme Court has held that because a cell phone was immediately associated with defendant's person, officers are entitled to inspect its contents without a warrant.
 True.
 False.

6. One exception to the warrant requirement is a search that is incident to an arrest.
 True.
 False.

7. In United States v. Chadwick, the U.S. Supreme Court upheld the validity of the search of a footlocker in the trunk the arrestee's car by police officers.
 True.
 False.

8. In California, police are not permitted to search an arrestee's cellphone incident to an arrest without a search warrant.
 True.
 False.

9. The U.S. Supreme Court did the following with the California Supreme Court's decision in People v. Diaz.
 A. Affirmed.
 B. Reversed.
 C. Granted certiorari.
 D. Denied certiorari.

10. In People v. Diaz, the California Supreme Court found that cell phones carry with them a heightened privacy interest because of the nature and wealth of information stored within them.
 True.
 False.

11. California is the only state to address the issue of whether a warrant is required to search the contents of a cell phone.
 True.
 False.

12. California Supreme Court Justice Justice Kathryn Werdegar wrote that permitting police to search cell phones incident to an arrest allows "police carte blanch, with no showing of exigency, to rummage at leisure through the wealth of personal and business information that can be carried on a mobile phone or handheld computer merely because the device was taken from an arrestee's person."
 True.
 False.

13. In a letter to the California State Senate, Governor Brown wrote that the legislature is better suited to resolve the complex and case-specific issues related to constitutional search-and-seizure protections.
 True.
 False.

14. Under New York v. Belton, "[i]f there is no possibility that an arrestee could reach into the area that law enforcement officers seek to search, both justifications for the search-incident-to-arrest exception are absent and the rule does not apply."
 True.
 False.

15. United States v. Edwards involved a search of defendant's:
 A. Package of cigarettes.
 B. Luggage.
 C. Cell phone.
 D. Clothing.

16. In 2009, which state supreme court required a warrant to search a cell phone on the basis of cell phone users' reasonable and justifiable expectation of a higher level of privacy due to the information contained in the cell phone?
 A. Oregon.
 B. Nevada.
 C. Ohio.
 D. Florida.

17. The "search incident to an arrest" exception is recognized as being set forth in Arizona v. Gant.
 True.
 False.

18. In deciding whether a warrant is required to search a phone incident to an arrest, the U.S. Supreme Court could consider:
 A. Whether a phone is a container.
 B. The information stored on a phone.
 C. The risk that evidence of a crime within a phone can be destroyed.
 D. All of the above.

19. In United States v. Finley, the Fifth Circuit decided that cell phones were akin to a container found on an arrestee's person.
 True.
 False.

20. In New York v. Belton, the defendant was stopped for speeding and the officer observed an envelope marked "Super Fly."
 True.
 False.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.


 
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

 


 
   
 

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