Deck 10: The Plain View Doctrine and Special Needs Searches

Question 1

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?

A) Constitutional because the U.S. Supreme Court has ruled that a tracking device does not invade a person's privacy.
B) Constitutional because the tracking device was originally planted at a location other than the private residence of the individual.
C) Unconstitutional because the in-home movements of the individual were not generally open to visual surveillance.
D) Unconstitutional because tracker devices cannot be used in any context.

Answer 1

C

Question 2

An officer makes a Terry stop of a person and develops reasonable suspicion to believe the person may be armed and dangerous. During a pat-down, the officer feels an item, but the true nature of the item is not immediately apparent. The officer _____.

A) has probable cause and can detain the suspect indefinitely to wait for a warrant to be issued
B) cannot, without further justification, retrieve the object from the person's clothing without consent
C) has probable cause and can detain the suspect temporarily to wait for a warrant to be issued
D) can immediately, and without further justification, retrieve the object from the person's pocket

Answer 2

B

Question 3

The "prior valid intrusion" requirement of the plain view doctrine means that _____.

A) the suspect did not intrude into anyone else's reasonable expectation of privacy
B) the officer did not violate the Fourth Amendment in arriving at the place from which he could perceive the evidence
C) the officer did not intrude into anyone's reasonable expectation of privacy
D) the suspect intruded into the victim's privacy thus justifying the officer's intrusion into the suspect's privacy

Answer 3

B

Question 4

If the plain view doctrine is found to apply, it will justify a warrantless seizure of an item _____.

A) unless it is a situation where there is a strong preference for a warrant
B) regardless of whether the officer had a right to be at the location
C) unless there was an intrusion into that individual's possessory interest
D) regardless of any apparent intrusion into that individual's possessory interest

Question 5

An officer has made a lawful arrest of a suspect in the suspect's home based on a warrant for the crime of fraudulent and worthless check writing. While waiting for the arrestee to phone his wife, the officer notices an envelope lying on the kitchen table. The officer opens the envelope and discovers several checks, which the officer recognizes as forgeries. Which requirement of the plain view doctrine is not fulfilled (or has been violated)?

A) prior valid intrusion
B) inadvertent discovery
C) probable cause item subject to seizure
D) no unreasonable intrusion on privacy

Question 6

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

A) officer, as a result of a prior valid intrusion, be in a position in which he or she has a legal right to be
B) officer must not unreasonably intrude on any person's reasonable expectation of privacy
C) officer must not use any means to enhance her ability to observe
D) The incriminating character of the object to be seized must be immediately apparent to the officer

Question 7

While searching the relevant computer files pursuant to a search warrant for the crime of distribution of child pornography, officers find reference to a "customer ledger." After this information is discovered, an officer observes a notebook lying on the kitchen counter with the words "customer ledger" written on the front cover. The officers may legally _____.

A) seize and open the notebook immediately without obtaining a warrant.
B) seize the notebook immediately, but will need a warrant before opening the notebook.
C) not seize or search the notebook without obtaining a new warrant.
D) seize the notebook, but cannot open it unless instructed to do so by a judge

Question 8

An officer's use of a pair of binoculars to develop probable cause for plain view searches and seizures is conceptually distinct from an officer's use of a flashlight for the same purpose. This is because _____.

A) there are no conceptual distinction between binoculars and flashlights
B) binoculars allow people to observe what could not be observed without their use
C) flashlights require batteries to become operational
D) binoculars allow areas to be viewed that may not otherwise have been viewable without an impermissible intrusion

Question 9

An officer has made a lawful arrest of a motorist for driving while intoxicated (DWI). The officer searches the passenger compartment of the car but finds nothing of interest. He then searches the trunk where he finds a bag of what appears to be marijuana. Which requirement of the plain view doctrine is not fulfilled (or has been violated)?

A) prior valid intrusion
B) incriminating nature immediately apparent
C) probable cause item subject to seizure
D) inadvertent discovery

Question 10

Law enforcement agents of the Drug Enforcement Agency flying over a large forest observe a cultivated patch in the forest. Suspecting that it is a marijuana field, they land and approach on foot where they verify that it is marijuana and arrest a person working in the field. Their observations from the plane _____.

A) do not violate the Fourth Amendment because they had a right to fly there
B) do not fall within plain view because the nature of the plants was not immediately apparent
C) fall within plain view because they did not seize the marijuana until after making an arrest
D) do not fall within plain view because they invaded the suspect's privacy

Question 11

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?

A) The Court found the use of the device did not violate an expectation of privacy.
B) The Court found the use of the device to be constitutional.
C) The court found use of the device to be unconstitutional because the device is not in general public use.
D) Use of the device constitutes a seizure (of the information), but not a search.

Question 12

A police officer lawfully pats down a suspect's outer clothing, feels an object, and the contour or mass of the object makes its identity immediately apparent that the item is a bag of cocaine. It is true that _____.

A) the only way the officer can seize the item is to gain the consent of the suspect
B) the officer is legally justified to reach into the suspect's clothing to retrieve the item
C) the officer is not legally justified to reach into the suspect's clothing to retrieve the item
D) the officer can only detain the suspect and wait for a warrant to be issued

Question 13

What is the first and primary requirement for an officer to seize evidence under the plain view doctrine?

A) The item must be plainly visible.
B) The observation of the item must be inadvertent.
C) The officer must be specially trained in recognition of contraband.
D) The officer must be lawfully present in the place where the sighting is made.

Question 14

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 _____.

A) replace the marijuana and go get another warrant
B) justify the seizure of the marijuana as plain view
C) call the judge to amend the warrant
D) realize that the marijuana is inadmissible under the plain view doctrine

Question 15

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 _____.

A) not seize the items under the plain view doctrine
B) seize the items under the plain view doctrine
C) seize the items but only when the suspect is brought within reach of the closet
D) not seize the items since a protective sweep is for people only

Question 16

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

A) current jurisprudence favors law enforcement over the rights of citizens
B) the doctrine does not allow for intrusion into privacy and thus protects citizen's Fourth Amendment rights
C) the Fourth Amendment probable cause requirements are met by the doctrine
D) the burden of proof is on the police and prosecutor

Question 17

Under the plain view doctrine, an officer _____.

A) searches and seizes
B) seizes but does not search
C) invades privacy but does not search
D) does not invade privacy but searches

Question 18

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 _____.

A) may not seize the fireworks since they are not on the warrant
B) may seize the fireworks under the plain view doctrine because the officers have a right to be where they are at the time
C) may not seize the fireworks under plain view because the officers have no right to invade the privacy of the cabinet
D) may seize the fireworks under plain view doctrine because the fireworks are dangerous to the public

Question 19

During a search, an officer observes, in plain view, an item not covered in the warrant. The officer believes the item to be evidence in a separate crime other than the offense currently being investigated by police. In order to seize the item, the officer must have _____ to believe the item is contraband or evidence of a crime.

A) reasonable suspicion
B) absolute certainty
C) clear and convincing evidence
D) probable cause

Question 20

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

A) officer, as a result of a prior valid intrusion, must be in a position in which he or she has a legal right to be
B) officer must not unreasonably intrude on any person's reasonable expectation of privacy
C) officer may develop probable cause to believe that the item is subject to seizure by handling and thoroughly examining the item
D) discovery of the item of evidence by the officer need not be inadvertent

Question 21

The prior valid intrusion requirement means that the officer must have lawfully arrived at the place from which (s)he perceived the item to be seized.

Question 22

Which of the following is not a requirement of the plain view doctrine?

A) The officer must be in a position in which he or she has a legal right to be.
B) The officer must not unreasonably intrude on any person's reasonable expectation of privacy.
C) The discovery of the item by the officer must be inadvertent.
D) The incriminating character of the item must be immediately apparent to the officer.

Question 23

A police officer intent on writing parking tickets is walking along a city street when he notices the smell of burning marijuana. He traces the smell to a curtained, street level, basement window which is partially open. The officer gets down on his knees and looks where he can see over the top of the window and he sees evidence of illicit drug activity. The officer's actions _____.

A) are lawful because he saw only what any curious passerby could see
B) are unlawful within the plain view doctrine because he invaded privacy
C) are unlawful within the plain view doctrine because he used extraordinary means
D) are lawful because no seizure immediately occurred

Question 24

According to the plain view doctrine, an officer must be able to tell by just looking at an item which is out in the open that the item is seizable.

Question 25

The primary justification for the plain view doctrine is to reduce the risk of destruction of evidence and inconvenience for the police.

Question 26

If a police officer lawfully pats down a suspect's outer clothing and feels an object and the contour or mass of the object makes its identity immediately apparent, there has been no invasion of the suspect's privacy beyond that already authorized by the officer's search for weapons.

Question 27

Once a container has been found to a certainty (through legal means) to contain illicit drugs, the contraband becomes like objects physically within the plain view of the police, and the claim to privacy is lost.

Question 28

Law enforcement authorities, rather than simply seizing the contraband, often make a so-called _____ delivery of the container, monitoring the container on its journey to the intended destination. Then they can identify the person dealing in the contraband when the person takes possession of and asserts control over the container.

A) commercial
B) government
C) controlled
D) monitored

Question 29

The plain view rule applies only to those things which can be seen without any mechanical or electrical aids to assist in observing items of evidence.

Question 30

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) The evidence is inadmissible since the officers should have gotten a warrant.
B) The officers may, without more, seize the items under plain view.
C) The officers may assume that the victim would consent to a search of the entire premises.
D) The officers may, without more, seize the items as incident to an arrest they hope to make.

Question 31

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 _____.

A) lawful under plain view because there was no search
B) lawful under plain view because there was no search or seizure
C) unlawful under plain view because there was a search
D) unlawful under plain view because there was a seizure

Question 32

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 _____.

A) must get a warrant to open it again
B) must have a trained dog react to the luggage to reopen it
C) must have the manager reopen it
D) may immediately open the luggage themselves

Question 33

An officer responding to a radio call of a burglary in progress arrives at the scene in time to intercept a suspect fleeing with a television set in his arms. The officer arrests him and when assistance arrives the officer turns the TV over to see and record the serial number in his notebook. The officer's actions are _____.

A) unlawful under plain view because there was a search
B) lawful under plain view because the officer had already lawfully seized the TV
C) unlawful under plain view because the seizure preceded the search
D) lawful under plain view because the actions do not amount to a search

Question 34

Under the plain view doctrine, an officer viewing illegal drugs on a coffee table while executing an arrest warrant may seize the drugs.

Question 35

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.

Question 36

A police officer legally enters a place and observes what he believes to be stolen merchandise. The officer can pick the item up to more closely examine it and then make a determination as to whether the item is evidence of a crime.

Question 37

Police officers were stationed on a hill 300 yards from the rear of the suspect's eighth floor apartment. With a telescope the officers could observe through the partially closed drapes at the rear that the suspect was engaged in an illegal activity. The officers' information _____.

A) was lawfully gathered because any aural or visual enhancement is allowed
B) was not lawfully gathered because they could not have seen the activity without some visual enhancement
C) was lawfully gathered because the suspect did not completely close the drapes
D) was not lawfully gathered because the suspect's reasonable expectation of privacy was violated

Question 38

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

A) Harris v. United States
B) Texas v. Brown
C) Arizona v. Hicks
D) Horton v. California

Question 39

Officers who are lawfully on premises in hot pursuit of a fleeing suspect may seize items that they have handled, moved, and manipulated to make a determination that the evidence is seizable.

Question 40

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 _____.

A) was lawfully gathered because any aural or visual enhancement is allowed
B) was not lawfully gathered because he could not see the items without the sight enhancement
C) was lawfully gathered because the suspect's reasonable expectation of privacy was not invaded
D) was not lawfully gathered because any aural or visual enhancement is not allowed

Question 41

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

Question 42

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

Question 43

Minnesota v. Dickerson, 508 U.S. 366 (1993), applied the principles of the plain view doctrine to a situation in which a law enforcement officer discovered contraband through the sense of touch during an otherwise lawful search. This is sometimes called the plain ____________________________ doctrine.

Question 44

What is meant by a controlled delivery and why is it used?

Question 45

Although the plain view doctrine does not allow a law enforcement officer to conduct a further search of an object to determine its incriminating nature, it has been established that an officer may use ____________________ or ____________________ aids to assist in observing items of evidence.

Question 46

Name three mechanical aids or electrical devices that courts have ruled on for plain view searches and what, if any, limitations are placed on those devices.

Question 47

Name the three requirements that officers must satisfy in order to justify a seizure of evidence under the plain view doctrine.

Question 48

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.

Question 49

Discuss the reasoning of the court in United States v. Barry, 2005 regarding the warrantless search of a defendant's vehicle bases on "plain smell."

Question 50

Law enforcement authorities, rather than simply seizing contraband, often make a so-called _________ delivery of the container, monitoring the container on its journey to the intended destination.

Question 51

Describe the plain touch or plain feel doctrine.

Question 52

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.

Question 53

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

Question 54

If the police lack ________ that an object in plain view is contraband without conducting some further search of the object, the plain view doctrine cannot justify its seizure.

Question 55

Describe searches regarding the plain view doctrine of police vehicle inventory searches in the case of South Dakota v. Opperman, 1976.

Question 56

Briefly describe the plain view doctrine.

Question 57

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

Question 58

According to Mincey v. Arizona, the warrantless search of a residence is not constitutionally permissible simply because a homicide has recently occurred there. There is no "_______________" exception.

Question 59

Define what is meant by a hot pursuit and legal searches surrounding these incidents.

Question 60

Law enforcement officers who are lawfully on a premise in _______ of a fleeing suspect may seize items of evidence observed open to their view.