Chapter 5 Flashcards
0
Q
What are three important factors that are needed to be considered when defining a search?
A
- whether the presumed search is a product of government action
- whether the intrusion violates society’s reasonable expectation of privacy
- whether it infringes on an individual’s legitimate expectation of privacy
1
Q
What does the fourth amendment protect?
A
Persons, houses, papers, and effects
2
Q
How to distinguish a search from a non search?
A
- who is looking for evidence
- where they are looking for it
3
Q
What is cartilage?
A
It is defined as the area to which extends the intimate activity associated with the sanctity of a man’s home and the privacies of life
4
Q
What is open field?
A
It is defined as any unoccupied or undeveloped real property outside the cartilage of a home.
5
Q
How to distinguish between open fields and cartilage?
A
- Is the area close to a house or a residence
- Is the area enclosed within a fence or similar enclosure
- to what use is the area being put
- what steps were taken to protect the area from observation
