Question 1

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

Accepted Answer

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 2

A Fourth Amendment search is an intrusion into an area where a person has a total expectation of privacy.

Accepted Answer

A) True 
 B)False

Question 3

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

Accepted Answer

A) True 
 B)False

Question 4

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

Accepted Answer

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 5

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

Accepted Answer

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

Question 6

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

Accepted Answer

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

Question 7

In Horton v.California,the U.S.Supreme Court decided that inadvertence was no longer a requirement of the plain view doctrine.Do you agree or disagree with the decision? Explain why or why not.

Accepted Answer

The answer of In Horton v.California,the U.S.Supreme Court decided that...

Question 8

According to the plain view doctrine,only items not hidden from view may be seized.

Accepted Answer

A) True 
 B)False

Question 9

Abandonment implies giving up which of the following?

Accepted Answer

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

Question 10

Posting a "no trespassing" sign establishes a reasonable expectation of privacy.

Accepted Answer

A) True 
 B)False

Question 11

When a backyard is shielded from public view by a high fence,police may use an airplane or helicopter in public airspace to observe the this area without a warrant.

Accepted Answer

A) True 
 B)False

Question 12

An officer is coming out of a house after responding to a call.She sees pots of marijuana inside a fenced yard next door.Discuss the different requirements for the admissibility of what she sees and what is required to seize the marijuana.

Accepted Answer

The answer of An officer is coming out of a...

Question 13

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

Accepted Answer

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.

Question 14

The U.S.Supreme Court has decided one case involving beepers.Name and discuss this decision.State whether you agree with the decision and explain your position.

Accepted Answer

The answer of The U.S.Supreme Court has decided one case...

Question 15

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?

Accepted Answer

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

Question 16

__________ is no longer a requirement of plain view.

Accepted Answer

The answer of __________ is no longer a requirement of...

Question 17

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

Accepted Answer

The answer of Recognition of the items in plain view...

Question 18

Define,compare,and contrast plain view and plain touch.Provide examples of each.Explain the U.S.Supreme Court's reasoning with regard to the acceptance of the plain touch doctrine.

Accepted Answer

The answer of Define,compare,and contrast plain view and plain touch.Provide...

Question 19

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?

Accepted Answer

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 20

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

Accepted Answer

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

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

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

A Fourth Amendment search is an intrusion into an area where a person has a total expectation of privacy.

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

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

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

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

In Horton v.California,the U.S.Supreme Court decided that inadvertence was no longer a requirement of the plain view doctrine.Do you agree or disagree with the decision? Explain why or why not.

According to the plain view doctrine,only items not hidden from view may be seized.

Abandonment implies giving up which of the following?

Posting a "no trespassing" sign establishes a reasonable expectation of privacy.

When a backyard is shielded from public view by a high fence,police may use an airplane or helicopter in public airspace to observe the this area without a warrant.

An officer is coming out of a house after responding to a call.She sees pots of marijuana inside a fenced yard next door.Discuss the different requirements for the admissibility of what she sees and what is required to seize the marijuana.

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

The U.S.Supreme Court has decided one case involving beepers.Name and discuss this decision.State whether you agree with the decision and explain your position.

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?

__________ is no longer a requirement of plain view.

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

Define,compare,and contrast plain view and plain touch.Provide examples of each.Explain the U.S.Supreme Court's reasoning with regard to the acceptance of the plain touch doctrine.

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?

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