Deck 12: Open Fields and Abandoned Property

Question 1

Curtilage nearly always 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 1

A

Question 2

Under the open fields doctrine,an officer without a warrant

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

Answer 2

A

Question 3

The _________ is part of the open fields.

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

Answer 3

D

Question 4

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 5

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

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 6

To establish that an article or object has been abandoned,the police must 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 7

Which of the following statements is true in terms of determining the 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 8

The word "house" in the Fourth Amendment is 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.

Question 9

Curtilage means

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.

Question 10

Enclosing an area with a sight-obscuring fence

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 11

The open fields means

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 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 13

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

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 14

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 15

Which of the following is not 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 16

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

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 17

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

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 18

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 19

Which of the following answer is best illustrative of 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 20

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 21

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 22

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

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 23

The Fourth Amendment protections do not apply to abandoned property.

Question 24

A police officer pursues a suspect he believes (has 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:

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 25

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

Question 26

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

Question 27

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

Question 28

Law enforcement officers may make warrantless observations into constitutionally protected areas such a home or the curtilage without entering the constitutionally protected area.Which of the following is a 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 29

?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:

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 30

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 31

An officer wants to enter a certain area of a large apartment building to observe activities and seize any contraband he might happen across.A good rule of thumb for the officer is that

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

Question 32

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 33

Accidentally dropping an object is the same as abandoning it.

Question 34

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

Question 35

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

A) The proximity of the area claimed to be curtilage to the home
B) The type of enclosure surrounding the home
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 people passing by

Question 36

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

Question 37

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

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

Question 38

Which of the following is a true statement about 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 39

Curtilage is usually defined by property boundary lines.

Question 40

Which of the following would not be 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 41

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 42

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

Question 43

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

Question 44

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

Question 45

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

Question 46

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

Question 47

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

Question 48

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

Question 49

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

Question 50

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 51

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

Question 52

Curtilage means the ________________________________.

Question 53

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

Question 54

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

Question 55

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

Question 56

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

Question 57

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

Question 58

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

Question 59

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

Question 60

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 ____________.