Exam 12: Open Fields and Abandoned Property

Police on patrol receive a warning and description of a vehicle wanted in connection with a burglary. They observe the vehicle and begin pursuit. The suspects flee a distance and then stop the car suddenly, exit the vehicle, and flee on foot. The officers may _____.

The Fourth Amendment protections requiring police to have a warrant to enter to search extend to _____ but not to _____ under the open fields doctrine.

The term __________ may include any unoccupied or undeveloped area outside of the curtilage.

The basic open fields doctrine as stated by the Court in the Hester case is that Fourth Amendment protections _____.

What is the word "house" in the Fourth Amendment interpreted to mean?

Under the open fields doctrine, without a warrant, an officer may _____.

In a multiple occupancy dwelling, which of the following is typically NOT accessible under the open fields doctrine?

Which phrase best describes the areas considered to be protected by the Fourth Amendment under the definition of the term "house"?

Explain what limitations are involved regarding the use of mechanical or electronic devices to obtain plain view by law enforcement officials.

Describe at least two factors or circumstances that a court would consider regarding the issue of abandonment.

Curtilage typically includes _____.

A person's mere absence from premises does not establish abandonment unless other factors show that the person intended to abandon the premises.

What most completely describes the factors that are given consideration when determining the intention of a suspect in regards to abandoned property?

A police officer rummages through the garbage of a suspect without probable cause, without a warrant, and without reasonable suspicion. The officer finds incriminating evidence. Unless there is a state law to the contrary, what is the most likely determining factor in the admissibility of the evidence?

An officer wants to enter a certain area of a large apartment building to observe activities and seize any contraband he might happen across. What is the most legitimate "good rule of thumb" for the officer?

If a law enforcement officer, acting lawfully, seizes objects that have been voluntarily discarded on the street, in a public park, or in some other location not protected by the Fourth Amendment, the seizure is legal under the plain view doctrine.

Observations made from a vantage point in the open fields or a public place do not constitute a search for Fourth Amendment purposes, therefore, evidence obtained from these observations will generally be admissible in court proceedings.

Under what circumstance does the open fields doctrine allows police officers to search?for and seize evidence in the open fields?

A garage used in connection with a multiunit dwelling is considered to be outside the curtilage.

Explain the difference between the concepts of "open fields" and "curtilage" and how they relate to the law of search and seizure.