Question 1

The _________________ case described the factors to determine whether property falls within a house's curtilage and hence is protected by the Fourth Amendment.

Accepted Answer

The answer of The _________________ case described the factors to...

Question 2

The open fields means

Accepted Answer

A)  any area inside the curtilage. 
B)  any area outside the curtilage. 
C)  the area immediately around a dwelling. 
D)  the area outside the curtilage if not posted.

Question 3

Whether a piece of land or a building falls within the curtilage is determined by considering four factors.Which of the following is not among these factors?

Accepted Answer

A)  the steps taken by the resident to protect the area from observation by passersby 
B)  the inclusion of the area within an enclosure surrounding the home 
C)  the official property lines of the curtilage 
D)  the proximity to the home of the area claimed to be curtilage

Question 4

Explain how a garage and the immediate area surrounding it pertains to the concept of curtilage.

Accepted Answer

The answer of Explain how a garage and the immediate...

Question 5

What has been the interpretation of the courts regarding the area around a house that is enclosed by a fence?

Accepted Answer

The answer of What has been the interpretation of the...

Question 6

The intention of a suspect to abandon property can be determined by considering:

Accepted Answer

A)  words that are spoken. 
B)  words that are spoken and actions done. 
C)  words that are spoken, actions done, and other objective facts. 
D)  words that are spoken, actions done, police officer guesses, and other objective facts.

Question 7

?An officer may enter and search the backyard of a multiple-occupancy dwelling without a warrant under the open fields doctrine if the backyard

Accepted Answer

A)  is used by several members of a family. 
B)  does not have a sight-obstructing fence. 
C)  is used for illegal activity. 
D)  was open to use by any passerby.

Question 8

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

Accepted Answer

A)  homes; businesses 
B)  private areas of a business; public areas of a business 
C)  businesses; hospital rooms 
D)  houses; temporary living quarters

Question 9

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.Officers may

Accepted Answer

A)  not search the car without a warrant. 
B)  search the car only per the Carroll doctrine. 
C)  not search the car unless they impound it. 
D)  consider the car abandoned and search it forthwith.

Question 10

Which of the following is not curtilage?

Accepted Answer

A)  a house being sold by a realtor 
B)  a house in which the occupants are away on a trip around the world 
C)  a house under construction which has only the skeletal framing 
D)  a house which has been somewhat damaged by fire but is boarded up pending repair

Question 11

In a multiple occupancy dwelling,which of the following would NOT normally be accessible under the open fields doctrine?

Accepted Answer

A)  hallways 
B)  balconies 
C)  elevators 
D)  stairways

Question 12

Enclosing an area with a sight-obscuring fence

Accepted Answer

A)  will bring it within the curtilage. 
B)  will bring it within the curtilage if it is within a posted, wooded area. 
C)  will not bring it within the curtilage if it is already outside the curtilage. 
D)  will not bring it within the curtilage if it is in proximity to the house.

Question 13

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

Accepted Answer

A) True 
 B)False

Question 14

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

Accepted Answer

The answer of Explain what limitations are involved regarding the...

Question 15

An informant tells an officer that patrons of a certain public bar sometimes do lines of cocaine on the tables set in alcoves.Hoping to gather some minute grains of cocaine from one of the tables as corroboration of the information,the officer

Accepted Answer

A)  will need a search warrant since open fields does not apply. 
B)  will need an administrative warrant. 
C)  will not need a warrant. 
D)  will not need a warrant since the tables are in the curtilage.

Question 16

If an officer has entered open fields to search,he or she

Accepted Answer

A)  must base all seizures on probable cause that the items are seizable. 
B)  may seize only items in plain view. 
C)  must obtain a warrant before seizing any item they find. 
D)  must have exigency to seize any item they find.

Question 17

?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,the determining factor in the admissibility of the evidence will be:

Accepted Answer

A)  whether the owner of the garbage expected that no one would rummage through the garbage. 
B)  whether the garbage was located within the curtilage of the residence. 
C)  whether the garbage was located inside or outside of the living quarters. 
D)  whether the garbage was placed in a garbage can or left out of the can.

Question 18

Accidentally dropping an object is the same as abandoning it.

Accepted Answer

A) True 
 B)False

Question 19

The primary difference between the abandonment doctrine and the plain view doctrine is that:

Accepted Answer

A)  the plain view doctrine is dictated by the nature of the item under consideration, whereas abandonment concerns the location of the item. 
B)  plain view applies to police officer retrieval of an object, whereas the abandonment doctrine applies broadly to all citizens who retrieve an object. 
C)  plain view applies only to vehicular searches, whereas the abandonment doctrine applies to homes and public places. 
D)  under plain view, the location of the item is protected; whereas under the abandonment doctrine, the location is not protected.

Question 20

Generally,if an object is voluntarily discarded outside the curtilage of the house,the legality of its seizure will be considered under the doctrine of ____________.

Accepted Answer

The answer of Generally,if an object is voluntarily discarded outside...

Exam 12: Open Fields and Abandoned Property

The _________________ case described the factors to determine whether property falls within a house's curtilage and hence is protected by the Fourth Amendment.

The open fields means

Whether a piece of land or a building falls within the curtilage is determined by considering four factors.Which of the following is not among these factors?

Explain how a garage and the immediate area surrounding it pertains to the concept of curtilage.

What has been the interpretation of the courts regarding the area around a house that is enclosed by a fence?

The intention of a suspect to abandon property can be determined by considering:

?An officer may enter and search the backyard of a multiple-occupancy dwelling without a warrant under the open fields doctrine if the backyard

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

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.Officers may

Which of the following is not curtilage?

In a multiple occupancy dwelling,which of the following would NOT normally be accessible under the open fields doctrine?

Enclosing an area with a sight-obscuring fence

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

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

An informant tells an officer that patrons of a certain public bar sometimes do lines of cocaine on the tables set in alcoves.Hoping to gather some minute grains of cocaine from one of the tables as corroboration of the information,the officer

If an officer has entered open fields to search,he or she

?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,the determining factor in the admissibility of the evidence will be:

Accidentally dropping an object is the same as abandoning it.

The primary difference between the abandonment doctrine and the plain view doctrine is that:

Generally,if an object is voluntarily discarded outside the curtilage of the house,the legality of its seizure will be considered under the doctrine of ____________.