Exam 13: Plain View and Open Searches

Items in plain view are protected by the Fourth Amendment guarantee against unreasonable searches and seizures.

The "reasonable expectation of privacy" doctrine under the Fourth Amendment does not apply when the property involved is an open field.

The police may not enter and investigate unoccupied or undeveloped areas outside the curtilage without a warrant or probable cause.

According to the text, which of the following is no longer a necessary element of the plain view doctrine?

"No Trespassing" signs do not effectively bar the public from viewing open fields; therefore, the expectation of privacy by the owner of an open field ________.

Curtilage is the land and buildings immediately surrounding, and immediately associated with, a dwelling.

The ________ doctrine states that items in open fields are not protected by the Fourth Amendment and may be properly seized by an officer without a warrant or probable cause.

Under the ________ doctrine, the item seized is limited to what is in the officer's sight. By contrast, items known or observed through the use of the officer's other senses (smell, hearing, touching, and tasting) also fall under the ________ doctrine.

"Certain knowledge" that evidence seen is incriminating is not necessary under the plain view doctrine. ________ is sufficient to justify a seizure.

What should be considered before determining if an area is considered a part of the curtilage of the home?

Under the ________ doctrine, the item is found in a non-enclosed area such as in a parking lot, a public street, or a park that is accessible to the public; whereas under the ________ doctrine, the seizable property is usually in a house or another enclosed place.

Which of the following court cases laid out the standards for determining whether a particular building falls within the curtilage of the main house?

Generally, the curtilage is considered an open field and hence is not protected against unreasonable searches and seizures.

Which of the following court cases does away with the requirement that for plain view to apply, the discovery of the evidence must be purely accidental?

The naked-eye observation by the police of a suspect's backyard is not a "search" within the meaning of the ________ Amendment.

Which case law established that the plain view doctrine may not be invoked unless there is probable cause?

Most seizures by the police under plain view are likely to be inadvertent, meaning the police had no prior knowledge the item was there.