Criminal Procedure Ch.9

Curtilage

"The area to which extends the intimate activity associated with the 'sanctity of a man's home , and the privacies of life."

Four factors are considered when items are considered abandoned:

(1) Property left in a open field or public place is abandoned: (2) for property left on private premises, it depends on whether the occupant has left the premises; (3) for trash or garbage , it depends on where it is left; and(4) intent to abandon is determined by what a person does.

Abandonment of motor vehicles is determined by four factors:

(1) flight from the vehicle, (2) where and how long a vehicle is left unattended, (3) the condition in which the vehicle is left unattended, and (4) denial of possession or ownership of the vehicle.

What is a curtilage? How is a Curtilage determined?

A curtilage is "The area to which extends the intimate activity associated with the 'sanctity of a man's home , and the privacies of life." The determining whether a area is a curtilage and therefore is covered by Fourth Amendment protections rests on four factors: 1. The proximity of the area to the home 2.Whether the area is in an enclosure surrounding the home 3. The nature and uses of the area 4. The steps taken to conceal the ares from public view

State the differences between abandonment and plain view. As a police officer, which would you prefer--finding evidence in plain view or finding evidence that is abandoned? Why?

Abandonment-Owner or possessor has given up possession of items, seized item may be legal or illegal, discovery of item may be through the sense of sight, touch,hearing, smell, or taste. Plain View- Owner or possessor has not given up possession of the item, seized item must be illegal, discovery of item must be through sense of sight.

What is inadvertence? Is it a plain view requirement? Give an example of an inadvertence.

An Inadvertence is that the officer must have no prior knowledge that the evidence was present in the place; the discovery must be purely accidental. It is not a plain view requirement. Finish later

Open View

Applies to instances when the officer is out in an open space but sees an item within an enclosed place

"Immigration officials may check vehicles at border checkpoints as well as locations inside the border as long as they have suspicion that illegal immigrants are in the vehicle." Is this statement true or false? Explain your answer.

False.Do not have to have reasonable suspicion.

"The use of sense enhancing to explore the inside details of a home is constitutional as long as it is done from a public place." Is this statement true or false? Justify your answer.

False.Where, Government uses a device that is not in general public use, to explore details of a private home that would previously have been unknowable without physical intrusion, the surveillance is a Fourth Amendment "search," and is presumptively unreasonable without a warrant.

The test to determine a curtilage is:

If a person has a reasonable expectation of privacy in a place, it is apart of the curtilage and is protected by the Fourth Amendment.

Plain Odor Doctrine

If an officer smells something that is immediately recognizable as seizuable, that object can be seized as long as the knowledge amounts to probable cause.

Plain Touch Doctrine

If an officer touches or feels something that is immediately identifiable as seizuable, the object can be seized as long as such knowledge amounts to probable cause

Factory Surveys

Surprise visits to factories by officials to determine if employees are illegal aliens

Explain how Oliver v. United States has changed the concept of open fields. How does the new concept differ from the old one?

The concept of curtilage has become restricted and that of open field has been significantly expanded by Court, thus giving law enforcement greater leeway in search and seizure cases.

Abandonment

The giving up of a thing or item without limitation as to any particular person or purpose.

What is the plain view doctrine? Discuss the three requirements.

The plain view doctrine states that items that are within 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 a subject to seizure. 1. The officer must have gained awareness of the item solely by sighting it 2. The officer must be in the physical position legally 3. It must be immediately apparent that it is a seizable item

"The Fourth Amendment does not apply at all in border searches." Is this statement true or false? Justify your answer.

True. Because those seeking entry to the United States, whether they be citizens or not, have minimal Fourth Amendment rights at the border.

"If three requirements for the plain view doctrine are not met, any evidence seized is not admissible in court." Is this statement true or false? Explain your answer.

True. The plain view doctrine is used as a legal justification for seizure only if all three requirements are met. The absence of one of these elements means that the evidence is not admissible under plain view, but it may still be admissible under other legal doctrines.

Inadvertence

the officer must have no prior knowledge that the evidence was present in the place; the discovery must be purely accidental.

Open Fields Doctrine

Items in open fields are not protected by the Fourth Amendment and can be taken by an officer without a warrant or probable cause.

What are open fields ? Are they protected or unprotected by the Fourth Amendment? Explain.

Items in open fields are not protected by the Fourth Amendment and can be taken by an officer without a warrant or probable cause.

Plain View Doctrine

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.

In what ways are the plain view and open fields similar? In what ways are they different?

Plain view doctrine, the seizure of property is usually in a house or another enclosed place. Open fields doctrine , items found in a non-enclosed area . Plain view, items seized is limited in the officers sight and open fields the use of officers other senses.