Deck 12: Open Fields and Abandoned Property

Question 1

What is curtilage?

A) the area around a dwelling but not the dwelling
B) the open fields
C) the open fields and the area around them
D) the dwelling and the area close around it

Answer 1

D

Question 2

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

A) open fields
B) the private areas of residential and commercial premises
C) posted property surrounded by the open fields
D) space outside the curtilage

Answer 2

B

Question 3

Curtilage typically includes _____.

A) the fenced area immediately surrounding a house
B) the area enclosed by a fence even if it is not near the house
C) the fenced area around a house and the immediately adjacent posted fields
D) the fenced area around a house and anywhere from which the house can be seen

Answer 3

A

Question 4

Select the true statement regarding determination of curtilage surrounding a house.

A) An area enclosed by a chain-link fence is always considered curtilage.
B) Shared areas of multi-unit dwellings are not protected by the Fourth Amendment.
C) The back yard of a residence is always considered curtilage.
D) An area within 50 yards of a residence is considered curtilage.

Question 5

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

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

Question 6

What is the primary difference between the abandonment doctrine and the plain view doctrine?

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 7

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

A) hotel and motel rooms, apartments, rooming and boarding house rooms, and hospital rooms
B) hotel and motel rooms and apartments
C) hotel and motel rooms, apartments, and rooming and boarding house rooms
D) only a single family residence

Question 8

If the backyard _____, an officer may enter and search the backyard of a multiple-occupancy dwelling without a warrant under the open fields doctrine

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 for use by any passerby

Question 9

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

A) trespass onto open land to search for and seize evidence
B) not trespass onto open land to search for and seize evidence if the land is posted
C) trespass onto the land to search for and seize evidence only if the land is not posted
D) not trespass onto the land of a person without probable cause

Question 10

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

A) if they have probable cause that the items are concealed within the curtilage
B) if they have a warrant, probable cause or some other justification
C) with a warrant or probable cause, having reasonable suspicion
D) without a warrant, probable cause, or any other justification

Question 11

How do courts define "open fields"

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 12

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

A) do not extend to the open fields
B) encompass the open fields unless they are posted against trespass
C) prevent officers from trespassing outside the curtilage
D) prevent officers from trespassing into open fields

Question 13

A _____ is properly considered to be part of the open fields.

A) curtilage
B) dwelling
C) attached garage
D) forest around the home

Question 14

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?

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 15

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

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

Question 16

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

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

Question 17

Enclosing an area with a sight-obscuring fence will _____.

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

Question 18

Curtilage nearly always includes _____.

A) the open fields if not posted
B) commercial premises
C) the backyard of a house
D) the sidewalk in front of a house

Question 19

Which of the following is not considered curtilage?

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 20

To establish that an article or object has been abandoned, what must the police show?

A) only that it was the intent of the suspect to abandon the property
B) that it was the intent of the suspect to abandon the property and that the abandonment was voluntary
C) only that the abandonment was voluntary
D) that it was the intent of the suspect to abandon the property, that the abandonment was voluntary, and that the abandonment benefited the suspect

Question 21

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.

Question 22

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.

Question 23

Anything without a "No Trespassing" sign posted is an open field that the police may search.

Question 24

Law enforcement officers may make warrantless observations into constitutionally protected areas such a home or the curtilage without entering the constitutionally protected area. Given this scenario, select the true statement.

A) Any observation made cannot violate the reasonable expectation of privacy of the person whose premises or activities are being observed.
B) These plain view observations cannot independently provide the necessary probable cause to obtain a warrant.
C) These observations can be made from the open fields or a public vantage point, but not from the air.
D) These observations can be made from the public vantage point or from the air, but not from open fields.

Question 25

Curtilage is created simply by enclosing any area within a sight obscuring fence.

Question 26

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

Question 27

Fourth Amendment protections do not apply to abandoned property.

Question 28

Which of the following is not considered an intention to abandon an object?

A) Leaving the object unattended for an unreasonable period of time
B) Leaving it unprotected in the care of no one
C) Placing the object in a garbage can within the curtilage
D) Discarding the object out of consciousness of guilt or fear of apprehension

Question 29

Select the true statement regarding the criteria used by courts to make determinations about intent to abandon property.

A) The presence of one factor alone will not generally lead to a finding of abandonment.
B) An apartment and the contents of the apartment cannot be considered abandoned if there is still time remaining on the lease.
C) With respect to abandonment of objects, courts can rely on the length of time the item has been left unattended to determine whether the object has been abandoned.
D) A person's garbage is always considered abandoned.

Question 30

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

Question 31

A police officer pursues a suspect he believes, based on a hunch, possesses drugs. The officer has neither probable cause nor reasonable suspicion to justify the pursuit. Just before the officer tackled the suspect, the suspect discarded a small bag containing drugs. In this situation, how would the courts most likely view the seizure?

A) The seizure of the suspect was illegal; the abandonment of the bag was not the result of unlawful police behavior; and the drug evidence is admissible.
B) The seizure of the suspect was legal; the abandonment of the bag was not the result of unlawful police behavior; and the drug evidence is admissible.
C) The seizure of the suspect was illegal; the abandonment of the bag was the result of unlawful police behavior; and the drug evidence is inadmissible.
D) The seizure of the suspect was legal; the abandonment of the bag was the result of unlawful police behavior; and the drug evidence is inadmissible.

Question 32

Which of the following is not a factor to be considered when determining curtilage?

A) the proximity of the area claimed to be curtilage to the home
B) the history of having allowed visitors to the residence to have access to the area
C) the nature of the uses to which the area is put
D) the steps taken by the resident to protect the area from observation by passers by

Question 33

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

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 34

Reasonable expectation of privacy is not a consideration when determining the extent of curtilage.

Question 35

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

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

Question 36

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 _____.

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 37

Curtilage is usually defined by property boundary lines.

Question 38

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?

A) The officer may not enter if he has not been invited by a resident.
B) The officer may enter any area commonly used by visitors, businessmen, and delivery people to gain access and move about the building.
C) The officer may not enter without probable cause.
D) The officer may enter any area where incriminating evidence is immediately apparent.

Question 39

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?

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 40

Accidentally dropping an object is the same as abandoning it.

Question 41

Some courts use a rule of thumb that the curtilage ends approximately __________ feet from the main dwelling.

Question 42

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

Question 43

Courts treat abandoned garbage differently for Fourth Amendment purposes depending on whether it is __________ the curtilage of a particular residence.

Question 44

__________ is the foundational U.S. Supreme Court case addressing abandoned property.

Question 45

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

Question 46

The U.S Supreme Court has found that warrantless police surveillance from the air of curtilage __________ the Fourth Amendment.

Question 47

Discuss the differences between single and multi-family dwellings for the purposes of determining the extent of the curtilage.

Question 48

Under the plain view doctrine, an officer must be concerned about the validity of the entry into a __________ protected area but under open fields doctrine the officer need not be concerned.

Question 49

Curtilage means the __________ and __________.

Question 50

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

Question 51

The case which established the basic open fields doctrine is __________.

Question 52

Define what is meant by a "reasonable expectation of privacy" regarding the law of search and seizure as it relates to both the open fields doctrine and the abandonment doctrine.

Question 53

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

Question 54

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 __________.

Question 55

Briefly describe the landmark case of Hester v. United States, 1924, concerning the concepts of open fields and abandoned property.

Question 56

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

Question 57

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

Question 58

The case of Oliver v. United States, 1984, involved a warrantless police seizure of marijuana from a secluded plot of land. Explain the court's rationale regarding searches in and around unoccupied tracks.

Question 59

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

Question 60

Discuss the findings in California v. Ciraolo, 1986, regarding aerial warrantless observations by the police.