Exam 12: Open Fields and Abandoned Property
______________ is the foundational U.S.Supreme Court case addressing abandoned property.
Abel v.United States
Courts treat abandoned garbage differently for Fourth Amendment purposes depending on whether it is ______________________ the curtilage of a particular residence.
located inside or outside
The case of Oliver v.United States,1984,involved a warrantless police seizure of marijuana from a secluded plot of land.Explain the court's rationale regarding searches in and around unoccupied tracks.
In the case of Oliver v. United States, 1984, the Supreme Court ruled that the warrantless police seizure of marijuana from a secluded plot of land was constitutional. The court's rationale regarding searches in and around unoccupied tracts was based on the concept of open fields. The court held that the Fourth Amendment protection against unreasonable searches and seizures does not extend to open fields, even if they are privately owned. The court reasoned that open fields are not considered to be areas where individuals have a reasonable expectation of privacy, and therefore, law enforcement officers are not required to obtain a warrant before conducting a search in these areas. This decision established that law enforcement officers have the authority to conduct warrantless searches in and around unoccupied tracts of land, as long as they are not enclosed or otherwise protected from public view.
Discuss the findings in California v.Ciraolo,1986,regarding aerial warrantless observations by the police.
Reasonable expectation of privacy is not a consideration when determining the extent of curtilage.
Which of the following statements is true in terms of determining the curtilage surrounding a house?
Curtilage is created simply by enclosing any area within a sight obscuring fence.
The basic open fields doctrine as stated by the Court in the Hester case is that Fourth Amendment protections
The U.S Supreme Court has found that warrantless police surveillance from the air of curtilage __________ the Fourth Amendment.
The word "house" in the Fourth Amendment is interpreted to mean
A police officer pursues a suspect he believes (has a hunch)possesses drugs.The officer has neither probable cause nor reasonable suspicion to justify the pursuit.Just before the officer tackled the suspect,the suspect discarded a small bag containing drugs.In this situation:
To establish that an article or object has been abandoned,the police must show:
The case which established the basic open fields doctrine is _____________.
Discuss the differences between single and multi-family dwellings for the purposes of determining the extent of the curtilage.
Anything without a "No Trespassing" sign posted is an open field that the police may search.
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