Deck 9: Plain View, Open Fields, Abandonment, and Electronic Surveillance

Question 1

Which of the following is NOT true of the open fields doctrine?

A)The seizable item may not be located in a house.
B)The seizable item may not be located within a curtilage.
C)Only items in an open space may be seized.
D)Only items in open view may be seized.

Answer 1

D

Question 2

In which of the following situations would plain view not apply?

A)An officer is executing an arrest or search warrant.
B)An officer has secretly entered the suspect's home.
C)An officer is in a public place.
D)An officer has consent to enter a residence.

Answer 2

B

Question 3

An officer's activity in looking at an item from a place where the officer has a right to be is covered under the:

A)plain view doctrine.
B)open view doctrine.
C)immediacy doctrine.
D)open fields doctrine.

Answer 3

A

Question 4

Which of the following situations is covered by the Fourth Amendment?

A)Plain view
B)Open fields
C)Abandoned property
D)All of the answers are correct.

Question 5

Under the Fourth Amendment,courts have interpreted the term "houses" to include:

A)temporary shelters.
B)hospital rooms.
C)neither temporary shelters nor hospital rooms.
D)both temporary shelters and hospital rooms.

Question 6

Which of the following are included in curtilage?

A)Driveways
B)Fenced residential yards
C)Closed garbage cans on the street
D)None of the answers are correct.

Question 7

Yards,garages,fenced areas,barns,and outbuildings are usually deemed to be part of:

A)open fields.
B)common ground.
C)closed fields.
D)the curtilage.

Question 8

The U.S.Supreme Court ruled in United States v.Dunn that determining whether an area is considered a part of the curtilage and therefore covered by Fourth Amendment protections rests on four factors.Which of the following is NOT one of those factors?

A)Illegal activity in the area
B)The proximity of the area to the home
C)The nature and uses of the area
D)The steps taken to conceal the area from public view

Question 9

If property is ,any police search or seizure of the property is not covered by the Fourth Amendment.

A)left in plain view by the owner
B)left in an open field by the owner
C)abandoned by the owner
D)All of the answers are correct.

Question 10

The plain view doctrine requires that an officer not do anything illegal to get to the spot from which he or she sees an item in question.An officer comes to be in a place properly in a number of ways.Which of the following is NOT__________ one of those ways?

A)When serving a search warrant
B)When making a valid arrest
C)When in hot pursuit of a suspect
D)When entering a house

Question 11

Police may not seize abandoned property if

A)the property is abandoned in a public place.
B)there is intent to abandon by the owner.
C)the property is not contraband.
D)illegal police activity caused the abandonment.

Question 12

Even if the property is abandoned,police will not be allowed to use the property as evidence if:

A)the abandonment is the result of unlawful police activity.
B)the property is located in a public place.
C)police lack consent to search or seize the item.
D)reasonable suspicion is absent.

Question 13

What are the two basic factors in determining whether property is abandoned or not?

A)Proximity and use
B)Possession and expectation of privacy
C)Possession and proximity
D)Location and intent

Question 14

The doctrine states that items that are within the sight of an officer who is lawfully in the place from which the view is made may properly be seized without a warrant-as long as such items are immediately recognized as being subject to seizure.

A)abandonment
B)open fields
C)inadvertence
D)plain view

Question 15

Under the doctrine,open areas outside the curtilage are not protected by the Fourth Amendment.

A)open view
B)open fields
C)plain view
D)non-curtilage

Question 16

In order to meet the requirements of the plain view doctrine,the officer must have gained awareness of the item solely through:

A)smell.
B)taste.
C)sight.
D)All of the answers are correct.

Question 17

Which of the following is NOT generally considered a part of curtilage?

A)Barns
B)Garages
C)Common areas of apartment buildings
D)Fenced areas

Question 18

Three basic requirements of the plain view doctrine must be met for the evidence to be seized legally by the police.Which of the following is NOT one of those requirements?

A)The officer must have gained awareness of the item solely by seeing it.
B)The officer must be legally in the place from which the item is seen.
C)It must be apparent that the item is seizable.
D)The officers must have a search warrant.

Question 19

Which of the following is a Fourth Amendment requirement for a plain view search and seizure?

A)Inadvertence
B)Reasonable suspicion to seize
C)Officer is lawfully in the location
D)Probable cause to search

Question 20

Which of the following is least likely to be considered a factor in determining whether an area is part of the open fields or curtilage?

A)The deed description of the area
B)Proximity to the home
C)Nature and uses of the area
D)Enclosures and fences

Question 21

In Kyllo v.United States (2001),the Court held that using a technological device to explore the details of a home__________that would previously have been unknowable without physical intrusion is a search and is presumptively unreasonable without:

A)reasonable suspicion.
B)a probable cause.
C)a warrant.
D)exigent circumstances.

Question 22

Which doctrine states items that are within the sight of an officer who is legally in the place from which the view is made may properly be seized without a warrant-as long as such items are immediately recognizable as subject to seizure?

A)Open fields
B)Abandonment
C)Plain view
D)Curtilage

Question 23

If an officer touches something that is immediately identifiable as seizable,the object can be seized as long as such knowledge amounts to:

A)suspiciousness.
B)reasonable suspicion.
C)probable cause.
D)All of the answers are correct.

Question 24

In Florida v.Riley (1989),the Court said that aerial observation is valid as long as the police are flying:

A)at an altitude at which Federal Aviation Administration regulations allow members of the public to fly.
B)at an altitude above which Federal Aviation Administration regulations allow members of the public to fly.
C)at an altitude below which Federal Aviation Administration regulations allow members of the public to fly.
D)private aircraft.

Question 25

Which of the following issues has NOT been directly addressed by the Court?

A)Plain view
B)Plain odor
C)Plain feel
D)All of these have been addressed by the Court.

Question 26

Which of the following would NOT indicate intent to abandon a vehicle?

A)Fleeing from it to avoid apprehension by police
B)Leaving a vehicle that has run out of gas to walk to a gas station
C)Leaving a vehicle unattended for a long period of time
D)Leaving an unlocked,burned-out vehicle in the country

Question 27

The giving up of a thing or item absolutely,without limitation as to any particular person or purpose is the definition of:

A)open fields.
B)seizure.
C)abandonment.
D)consent.

Question 28

A person does not retain a reasonable expectation of privacy in trash once it:

A)leaves their immediate possession.
B)is placed in plain view.
C)is placed in an obscured area.
D)both in plain view and in a public area.

Question 29

In searching property,the open fields exception to the search warrant requirement begins where ends.

A)abandonment
B)curtilage
C)plain view doctrine
D)none of these

Question 30

The area to which extends the intimate activity associated with the "sanctity of a man's home,and the privacies of life" is known as:

A)open fields.
B)opens spaces.
C)curtilage.
D)common area.

Question 31

How many factors are there that determine whether an area is considered to be part of the curtilage?

A)One
B)Two
C)Three
D)Four

Question 32

Which of the following is NOT one of the factors from United States v.Dunn (1987)that determines if an area is considered part of the curtilage?

A)The proximity of the area to the home
B)Whether the area is in an enclosure surrounding the home
C)The existence of a fence in the yard
D)The steps taken to conceal the area from public view

Question 33

Plain view usually applies when the officer is within a(n):

A)open space.
B)enclosed space.
C)closed vehicle.
D)open vehicle.

Question 34

In police work,there are many situations in which the plain view doctrine applies and the items seen may be seized without a warrant.Which of the following is NOT one of those situations?

A)When police are in hot pursuit of a fleeing suspect
B)When police are making a search incident to a valid arrest
C)When police search garbage placed on the roadside without a warrant
D)When police search a refuse bind attached to a house without a warrant

Question 35

Abandonment implies giving up which of the following?

A)Possession
B)Ownership
C)Reasonable expectation of privacy
D)All of the answers are correct.

Question 36

Which of the following would indicate abandonment of an item?

A)Setting a package on the front porch to be picked up by the post office
B)Hanging clothing on the line to dry
C)Denying ownership of a wallet confiscated by police
D)Leaving jewelry in a hotel room

Question 37

Items that are abandoned and those that are in plain view are similar in that neither:

A)can be seized without reasonable suspicion.
B)is protected by the Fourth Amendment.
C)can be searched without a warrant.
D)can be seized without a warrant.

Question 38

Which of the following is NOT one of the three requirements of the plain view doctrine?

A)Officers must become aware of the items by seeing them.
B)Officers must be in that specific location legally.
C)Officers must have reasonable suspicion an illegal activity has occurred.
D)It must be immediately apparent that the item is subject to seizure.

Question 39

Since items in open fields are not protected by the Fourth Amendment guarantee against unreasonable searches and seizures,they can be seized:

A)by an officer without a warrant.
B)by an officer without probable cause.
C)without a warrant,as long as there is probable cause.
D)by an officer without a warrant or probable cause.

Question 40

Under the plain view doctrine an officer must have gained awareness of the item solely by:

A)smell.
B)sight.
C)taste.
D)touch.

Question 41

__________ basic requirements of the plain view doctrine must be met for the evidence to be seized legally by the police.

Question 42

The use of binoculars by Officer Dante the applicability of the plain view doctrine.

A)prohibits
B)strengthens
C)disallows
D)does not affect

Question 43

Non-citizens seeking entry into the United States have:

A)no Fourth Amendment rights at the border.
B)minimal Fourth Amendment rights at the border.
C)full Fourth Amendment rights at the border.
D)extra Fourth Amendment rights at the border.

Question 44

__________is defined as the giving up of a thing or item absolutely,without limitation as to any particular person or purpose.

Question 45

The part of real estate property that is not protected by the Fourth Amendment is open .

Question 46

Plain view usually applies when the officer is within a(n)space.

A)open
B)enclosed
C)abandoned
D)curtilage

Question 47

The doctrine would allow the evidence Officer Dante obtained without a warrant or probable cause to be used in court.

A)plain view
B)special needs
C)administrative rule
D)original intent

Question 48

Officers need a or probable cause to seize items in the curtilage.

Question 49

__________ is no longer a requirement of plain view.

Question 50

Under the Fourth Amendment,for evidence to qualify for the plain view exception to the warrant requirement,the discovery does not need to be:

A)purposeful.
B)inadvertent.
C)made with a warrant.
D)due to reasonable suspicion.

Question 51

The plain view doctrine means that police officers the right to seize items that are plainly within their view as long as they have the right to be in the position to see the items.

Question 52

Fourth Amendment protections do not apply at immigration borders because:

A)a compelling state interest overrides them at that location.
B)both U.S.citizens and foreign nationals are governed by the laws of the adjacent country until they have left the border area.
C)immigration officials are immune to Fourth Amendment protections.
D)None of the answers are correct.

Question 53

Property that has been is no longer protected by the Fourth Amendment.

Question 54

Under the plain view doctrine,certain mechanical devices can be used without a warrant.A transmitting device used to track a vehicle or item as it moves about is called a .

Question 55

The portion of private property located around the home that is not open fields is called .

Question 56

What is the minimum level of proof Agent Ramos must have to detain and question the occupants of the van?

A)Suspicion
B)Reasonable suspicion
C)Probable cause
D)Any of these answers

Question 57

The U.S.Supreme Court has regarding plain view and open view.

A)made the distinction
B)reconciled the differences
C)not made the distinction
D)None of the answers are correct.

Question 58

In Horton v.California (1990),the Supreme Court eliminated which of the following plain view requirements?

A)Inadvertently coming across an incriminating object
B)The awareness of the item must be through use of the sense of sight.
C)The officer must be legally in the place from which the item is seen.
D)It must be immediately apparent that the item is subject to seizure.

Question 59

One of the requirements of the plain view doctrine is that it must be apparent that an item is seizable.

Question 60

At the border,Offer Ramos could conduct searches in the absence of which of the following?

A)Probable cause
B)Reasonable suspicion
C)Suspicion
D)All of the answers are correct.

Question 61

In the plain doctrine,if an officer smells something that is immediately recognizable as seizable,that object can be seized as long as that knowledge amounts to probable cause.

Question 62

Certain areas come under the protection of the Fourth Amendment and therefore cannot be classified as open fields.__________These areas include .

Question 63

Court decisions indicate that the Amendment does not apply at international borders.

Question 64

Full Fourth Amendment protections do not apply at immigration borders because of a state interest involved in stopping illegal immigration and the flow of prohibited goods into the country.

Question 65

__________ is "the area to which extends the intimate activity associated with the 'sanctity of a man's home,and the privacies of life.'"

Question 66

The types of searches and seizures not protected in full by the Fourth Amendment are plain view,open fields,
,and border searches.

Question 67

The use of mechanical devices by the police does not affect the applicability of the doctrine.

Question 68

An intrusion into an area where a person has a reasonable expectation of privacy is a Fourth Amendment
.

Question 69

__________ v.California (1990)is the case that removed the requirement of inadvertence from the plain view doctrine.

Question 70

Recognition of the items in plain view must be and not the result of further prying or examination.

Question 71

The states that items in open fields are not protected by the Fourth Amendment's guarantee against unreasonable searches and seizures.

Question 72

Border patrol agents can and question the occupants of a car as long as they have reasonable suspicion.

Question 73

For a long time,was one of the plain view requirements.It is no longer.

Question 74

No is needed before setting up a checkpoint for immigration purposes.

Question 75

When an officer on foot patrol observes a car parked on the street,looks inside and sees drugs,it falls under
.

Question 76

The use of devices by the police does not affect the applicability of the plain view doctrine.

Question 77

Immigration officials sometimes conduct surveys,in which they pay surprise visits to factories and ask employees questions to determine if they are illegal aliens.

Question 78

__________ implies giving up possession,ownership,or any reasonable expectation of privacy.

Question 79

The two factors utilized to determine if property is abandoned are the location of the property and the
of the owner.

Question 80

When an officer is in a(n)and sees illegal weapons through a window,he cannot make an entry into the apartment to seize the items without a warrant.