Chapter 9

T/F: Abandoned items still remain some Fourth Amendment protections.

False

T/F: Posting a "no trespassing" sign establishes a reasonable expectation of privacy.

False

T/F: The factors used to determine curtilage are easily applied by trial courts with great precision.

False

T/F: The use of mechanical devices by police restricts the applicability of the plain view doctrine.

False

T/F: A Fourth Amendment search is an intrusion into an area where a person had a total expectation of privacy.

False

T/F: Curtilage is not protected by the Fourth Amendment.

False

T/F: For plain view to apply, the discovery of the evidence must have been inadvertent.

False

T/F: If a space is part of a home's curtilage, it is automatically entitled to constitutional protection against any and all intrusions.

False

T/F: Motor vehicles can never be abandoned property.

False

T/F: The use of aerial surveillance is prohibitied by the Fourth Amendment.

False

T/F: Abandoned property is not protected by the Fourth Amendment guarantee against unreasonable searches and seizures, so it may be seized without a warrant or probable cause.

True

T/F: Fourth Amendment rules are applied differently in immigration and border searches.

True

T/F: The Fourth Amendment can apply to thermal imaging.

True

T/F: According to the plain view doctrine, only intems not hidden from view may be seized.

True

T/F: Border officials may stop vehicles at fixed checkpoints without reasonable suspicions.

True

T/F: Citizens and non-citizens have minimal Fourth Amendment rights at the border.

True

T/F: Curtilage may encompass a variety of places, including a barn.

True

T/F: Garbage placed outside the curtlidge for regular collection is considered abandoned property.

True

T/F: If abandonment of evidence is caused by illegal police activity, the evidence is not admissble.

True

T/F: When a backyard is shielded from public view by a high fence, police may use an airplane or helicopter in public airspace to overserve this area without a warrant.

True

M.C: The U.S. Supreme Court rules in United States v. Dum 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? 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

a) illegal activity in the area

M.C: 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

a) plain view doctrine

M.C: 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

a) the abandonment is the result of unlawful police activity

M.C: 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 house c) nature and uses of the area d) enclosures and fences

a) the deed description of the area

M.C: 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

b) an officer has secretly entered the suspect's home

M.C: Which of the following are included in curtilage? a) driveways b) fenced residential yards c) closed garbage cans on the street d) none of these

b) fenced residential yards

M.C: 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 unblocked, burned-out vehicle in the country

b) leaving a vehicle that has run out of gas to walk to a gas station

M.C: Items that are abandoned and those that are in plain view are similar in that a) neither can be seized without reasonable suspicion b) neither is protected by the Fourth Amendment c) neither can be searched without a warrant d) neither can be seized without a warrant

b) neither is protected by the Fourth Amendment

M.C: 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

b) open fields

M.C: 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

c) common areas of apartment buildings

M.C: 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 clothes on the line to dry c) denying ownership of a wallet confiscated by police d) leaving jewelry in a hotel room

c) denying ownership of a wallet confiscated by police

M.C: 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

c) officer is lawfully in the location

M.C: In order to meet the requirements of the plain view doctrine, the officer must have gained awareness of item solely through a) smell b) taste c) sight d) any of these

c) sight

M.C: 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 these

d) all of these

M.C: Which of the following situations is covered by the Fourth Amendment? a) plain view b) open fields c) abandoned property d) all of these

d) all of these

M.C: 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 a public area d) both in plain view and in a public place

d) both in plain view and in a public place

M.C: Under the Fourth Amendment, courts have interpreted the term "houses" to include a) temporary shelters b) hospitals rooms c) neither temporary shelters nor hospital rooms d) both temporary shelters and hospital rooms

d) both temporary shelters and hospital rooms

M.C: 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

d) illegal police activity caused the abandonment

M.C: What are the two basic factors in determining whether properly is abandoned or not? a) proximity and use b) possession and expectation of privacy c) possession and proximity d) location and intent

d) location and intent

M.C: 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

d) only items in open view may be seized

M.C: 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 properly be seized without a warrant-as long as such item are immediately recognized as being subjected to seizure. a) abandonment b) open fields c) inadvertence d) plain view

d) plain view

M.C: Yards, garages fenced areas, barns, and outbuildings are usually deemed to be part of a) open fields b) open curtilage c) closed fields d) the curtilage

d) the curtilage

M.C: 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 sighting 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 officer must have a search warrant

d) the officer must have a search warrant

M.C: Since item in open fields are not protected by the Fourth Amendment guarantee against unreasonable searches and seizures, a) they can be seized by an officer without a warrant b) they can be seized by an officer without probable cause c) they can be seized without a warrant, as long as there is probable cause d) they can be seized by an officer without a warrant or probable cause

d) they can be seized by an officer without a warrant or probable cause

M.C: 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

d) when entering a house