Test 2. Warrantless Searches Flashcards
Articles discovered as a result of “plain view” are not ________ as a result of a search.
illegal
The __________ doctrine is a seizure doctrine, not a search doctrine.
plain view
The plain view doctrine is better understood as a what to the warrant clause?
Extension
Requiring the police a warrant once they have first-hand contraband, stolen property, evidence, etc., would be a __________________.
needless inconvenience
What are the requirements for Plain View doctrine?
- The officer must have the right to be where he is at the time of discovery.
- It must be immediately apparent that the item is stolen, contraband, or fruits of crime.
Fill in the blank for the requirements for Plain View doctrine:
The officer must have the ______________ where he is at the time of discovery.
right to be
Fill in the blank for the requirements for Plain View doctrine:
It must be _____________________ that the item is stolen, contraband, or fruits of crime.
immediately apparent
According to what Supreme Court decision, “immediately apparent” means the officer must have probable cause to believe the object is subject to seizure?
Arizona v. Hicks (1997)
What are three ways officers can gain lawful access to a property without infringing on someone’s Fourth Amendment rights?
- Obtaining a search warrant
- Obtaining consent
- Existence of exigent circumstances
When observing a property from outside, what can officers use to get what they usually would have had to go inside?
- Right to be
- Right to see
- RIght to smell
- Right to hear
What does the U.S. Supreme Court say about the open fields doctrine?
This applies to all land outside the curtilage, regardless of how remote that land is or the property’s owners efforts to keep others out.
A person cannot create a reasonable expectation of privacy in an _________________.
open field
What are some examples of open fields?
Orchards, beaches, swamps, woods
The open field doctrine applies to all land outside the _____________.
curtilage
True or false:
The Fourth Amendment does not extend to open fields. Thus, no search warrant is necessary to search open fields.
True
What are the four factors that resolve questions concerning curtilage?
- The proximity of the area claimed to be curtilage to the home
- Whether the area includes an enclosure surrounding the home
- The nature of the area’s use
- The steps taken by the resident to protect the area from observation by people passing by.
True or false:
A search warrant of a residence for evidence also includes specific authorization to search the curtilage and any outbuildings.
True
True or false:
An independent investigation by an officer that includes outbuilding or automobiles on the premises should include descriptions of those in the warrant.
True
The Fourth Amendment does not protect garbage left outside the curb. Why?
No reasonable expectation of privacy
