Question 1

In Kyllo v.United States (2001),the Court held that using a technological device to explore the details of a home that would previously have been unknowable without physical intrusion is a search and is presumptively unreasonable without:

Accepted Answer

The Court held that using a thermal imaging device to explore the details of a home was a search and therefore required a warrant. Without a warrant, the use of such a device is presumptively unreasonable under the Fourth Amendment. Therefore, the correct answer is C, a warrant.

Question 2

Which doctrine states 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?

Accepted Answer

The plain view doctrine allows an officer to seize items that are within plain view and immediately recognizable as subject to seizure without a warrant. The other choices (open fields, abandonment, and curtilage) relate to different legal concepts regarding searches and seizures.

Question 3

If an officer touches something that is immediately identifiable as seizable,the object can be seized as long as such knowledge amounts to:

Accepted Answer

Probable cause is required for a lawful seizure. Suspicion or reasonable suspicion may justify a stop or frisk, but not a seizure.

Question 4

In Florida v.Riley (1989),the Court said that aerial observation is valid as long as the police are flying:

Accepted Answer

In Florida v. Riley (1989), the Supreme Court ruled that police do not need a warrant to observe an individual's property from public airspace as long as they are flying at an altitude at which FAA regulations allow members of the public to fly. This decision was based on the reasoning that individuals do not have a reasonable expectation of privacy from observations made from such public vantage points.

Question 5

Which of the following issues has NOT been directly addressed by the Court?

Accepted Answer

The Court has addressed the "plain view" and "plain feel" doctrines, but "plain odor" has not been directly addressed by the Supreme Court as a separate doctrine.

Question 6

Which of the following would NOT indicate intent to abandon a vehicle?

Accepted Answer

Leaving a vehicle that has run out of gas to walk to a gas station does not necessarily indicate intent to abandon the vehicle as the owner may be planning to return with gas to refuel the vehicle and drive it away. The other options indicate a more clear intent to abandon the vehicle.

Question 7

The giving up of a thing or item absolutely,without limitation as to any particular person or purpose is the definition of:

Accepted Answer

Abandonment is the act of giving up ownership or possession of a thing or item completely and without any restrictions or limitations. It means that the owner has no intention of claiming or using the thing again, nor does he/she care who gets it or how it is used.

Question 8

A person does not retain a reasonable expectation of privacy in trash once it:

Accepted Answer

Once trash is placed in a public area and is in plain view, it is generally considered abandoned, and individuals no longer have a reasonable expectation of privacy over it.

Question 9

In searching property,the open fields exception to the search warrant requirement begins where _________ends.

Accepted Answer

The open fields exception to the search warrant requirement begins where curtilage ends. Curtilage refers to the area immediately surrounding a home or dwelling and is considered part of the protected premises. Any areas beyond the curtilage, such as open fields or pastures, are not subject to Fourth Amendment protection and may be searched without a warrant.

Question 10

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

Accepted Answer

The term "curtilage" refers to the area immediately surrounding a dwelling, which includes the yard and any outbuildings or structures within a short distance of the home. This area is afforded a high degree of privacy and legal protection, as it is considered an extension of the home itself. Choices A, B, and D do not accurately describe this concept.

Question 11

How many factors are there that determine whether an area is considered to be part of the curtilage?

Accepted Answer

There are four factors that determine whether an area is considered to be part of the curtilage: the proximity of the area to the home, whether the area is included within an enclosure surrounding the home, the nature of the uses to which the area is put, and the steps taken by the resident to protect the area from observation by people passing by.

Question 12

Which of the following is NOT one of the factors from United States v.Dunn (1987)that determines if an area is considered part of the curtilage?

Accepted Answer

The answer of Which of the following is NOT one...

Question 13

Plain view usually applies when the officer is within a(n):

Accepted Answer

The answer of Plain view usually applies when the officer...

Question 14

In police work,there are many situations in which the plain view doctrine applies and the items seen may be seized without a warrant.Which of the following is NOT one of those situations?

Accepted Answer

The plain view doctrine allows police to seize items without a warrant if they are in plain view during a lawful observation. Searching a refuse bin attached to a house without a warrant does not fall under this doctrine because it could infringe on an individual's reasonable expectation of privacy, unlike garbage placed on the roadside which has been abandoned and does not require a warrant for search.

Question 15

Abandonment implies giving up which of the following?

Accepted Answer

Abandonment implies giving up possession, ownership, and any reasonable expectation of privacy. Therefore, all of the answers are correct.

Question 16

Which of the following would indicate abandonment of an item?

Accepted Answer

Denying ownership of a wallet confiscated by police indicates abandonment because the owner is explicitly disclaiming their interest in the item, which is a clear sign of intention to abandon it.

Question 17

Items that are abandoned and those that are in plain view are similar in that neither:

Accepted Answer

Both items that are abandoned and those that are in plain view are not protected by the Fourth Amendment, which guards against unreasonable searches and seizures. If an item is abandoned, the owner has relinquished any expectation of privacy. Similarly, if an item is in plain view and an officer has a right to be where they are, the Fourth Amendment does not protect against the seizure of that item.

Question 18

Which of the following is NOT one of the three requirements of the plain view doctrine?

Accepted Answer

The three requirements of the plain view doctrine are that officers must become aware of the items by seeing them, be in that specific location legally, and it must be immediately apparent that the item is subject to seizure. Having reasonable suspicion that an illegal activity has occurred is not one of the requirements.

Question 19

Since items in open fields are not protected by the Fourth Amendment guarantee against unreasonable searches and seizures,they can be seized:

Accepted Answer

The answer of Since items in open fields are not...

Question 20

Under the plain view doctrine an officer must have gained awareness of the item solely by:

Accepted Answer

The plain view doctrine allows officers to seize evidence that is in plain sight during a lawful search or plain view observation. The officer must have gained awareness of the item solely by sight, and the incriminating nature of the item must be immediately apparent to the officer. Smell, taste, and touch do not fall under the plain view doctrine.

Quiz 9: Plain View, Open Fields, Abandonment, and Electronic Surveillance

In Kyllo v.United States (2001) ,the Court held that using a technological device to explore the details of a home that would previously have been unknowable without physical intrusion is a search and is presumptively unreasonable without: