crj proceed chapter 10

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.

True

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.

True

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

True

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

True

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

True

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

a. Harris v. United States

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.

a. The evidence is inadmissible since the officers should have gotten a warrant.

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.

a. True

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.

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.

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

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

a. seize and open the notebook immediately without obtaining a warrant.

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

b. cannot, without further justification, retrieve the object from the person's clothing without consent.

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

b. lawful under plain view because the officer had already lawfully seized the TV.

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

b. may seize the fireworks under the plain view doctrine because the officers have a right to be where they are at the time.

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

b. seize the items under the plain view doctrine.

Under the plain view doctrine, an officer

b. seizes but does not search.

Police convenience is deemed a reasonable justification for the plain view doctrine because

b. the doctrine does not allow for intrusion into privacy and thus protects citizen's Fourth Amendment rights.

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

b. the officer did not violate the Fourth Amendment in arriving at the place from which he could perceive the evidence.

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 that the item is a bag of cocaine,

b. the officer is legally justified to reach into the suspect's clothing to retrieve the item.

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?

c. The court found use of the device to be unconstitutional because the device is not in general public use.

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

c. The discovery of the item by the officer must be inadvertent.

The requirements of the plain view doctrine do not include which of the following?

c. The officer may develop probable cause to believe that the item is subject to seizure by handling and thoroughly examining the item.

The requirements of the plain view doctrine do not include which of the following?

c. The officer must not use any means to enhance her ability to observe.

Law enforcement authorities, rather than simply seizing the contraband, often make a so-called_______________ 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.

c. controlled delivery

Law enforcement officers planted a tracking beeper on the clothing of an individual in order to track him/her from one location to another. Shortly thereafter, the individual traveled home where the movements of the person within the residence were tracked. This police activity is

c. unconstitutional because the in-home movements of the individual were not generally open to visual surveillance.

An officer stationed himself in a hidden location about fifty yards from the 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

c. was lawfully gathered because the suspect's reasonable expectation of privacy was not invaded.

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

c. was lawfully gathered because the suspect's reasonable expectation of privacy was not invaded.

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

d. The officer must be lawfully present in the place where the sighting is made.

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:

d. binoculars allow areas to be viewed that may not otherwise have been viewable without an impermissible intrusion into a protected zone of privacy.

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

d. may immediately open the luggage themselves.

An officer has made a lawful arrest of the suspect in his 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)?

d. no unreasonable intrusion on privacy

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 be-lieve the item is contraband or evidence of a crime.

d. probable cause

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

d. realize that the marijuana is inadmissible under the plain view doctrine.

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

d. regardless of any apparent intrusion into that individual's possessory interest.

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

d. was not lawfully gathered because the suspect's reasonable expectation of privacy was violated.

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.

false

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.

false

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.

False

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.

False