Exam 10: The Plain View Doctrine and Special Needs Searches

Following a murder, the police conduct an extensive four-day search for evidence at the scene (the murder victim's apartment). The apartment is also occupied by other people. There was no emergency beyond the murder, and all occupants were safe. Police discover evidence of the crime. Given this scenario, select the most appropriate statement.

A federal officer with an arrest warrant goes to a suspect's home. Having encountered this suspect previously, the officer knows that there will probably be controlled substances and related items lying around the apartment. Seizure of any such items as evidence would be unlawful under plain view because of the inadvertent discovery requirement.

Which of the following is a true statement about the use of a thermal imaging device to detect invisible infrared radiation emanating from a home?

Police investigating a shooting lawfully entered the suspect's apartment to search for the shooter, for other victims and for weapons. One officer noticed stereo components and, suspecting they were stolen, moved the equipment to read and record serial numbers. The officer's actions are _____.

The ___________ is grounded on the proposition that once police officers are lawfully in a position to observe an item first-hand, the owner's privacy interest in that item is lost.

The fundamental case that established the basic rationale of the plain view doctrine is _____.

Describe the findings of United States v. Gillenwaters regarding the plain view doctrine when police respond to certain emergencies.

Explain the distinction between a plain view observation and a search.

A commercial airline has called the police to report that they opened some unmarked, lost luggage to determine the owner and inside it they discovered a small amount of what appears to be cocaine hidden amongst the underwear. The police arrive to find that the luggage is in the manager's office but the luggage is now closed. To have a lawful seizure, the officers _____.

If the contents of a container can be inferred from its outward appearance, distinctive configuration, transparency or other characteristic, the container may be ____________________ by law enforcement officers. If the officer has probable cause to believe items in the container constitute illegal contraband, the officer may seize the container along with these items.

Police convenience and safety are deemed reasonable justification for the plain view doctrine because _____.

An officer has made a lawful arrest for fraudulent checks at the arrestee's residence. During a valid protective sweep the officer opens a door in the hallway next to the exit and observes a marijuana plant, grow-light, and plant food in the closet. The officer may _____.

The requirements of the plain view doctrine do not include that the _____.

The plain view doctrine is justified on the basis of police _____________________ and ____________________.

It is important to remember that the Fourth Amendment does not prohibit searches and seizures, only _________ searches and seizures.

An officer stationed himself in a hidden location about fifty yards from a suspect's house and, with the aid of binoculars, watched the activities of the suspect, a known liquor law violator. The officer observed the defendant place two large cardboard boxes containing bottles of untaxed whiskey into his car. The officer's information _____.

Officers executing a lawful search warrant for stolen guns discover contraband fireworks in the suspect's gun cabinet while searching for the guns. The officers _____.

Officers executing a lawful search warrant for stolen guns have located all the weapons listed in the search warrant. An officer is admiring the suspect's beer mug collection and takes down a mug from a shelf and discovers marijuana inside it. The officer should _____.

Under the plain view doctrine, an officer _____.

Law enforcement officers planted a tracking beeper on the clothing of an individual in order to track the individual from one location to another. Shortly thereafter, the individual traveled home where the movements of the person within the residence were tracked. How is this police activity most likely to be viewed by the courts?