Question 1

__________ basic requirements of the plain view doctrine must be met for the evidence to be seized legally by the police.

Accepted Answer

The answer of __________ basic requirements of the plain view...

Question 2

The use of binoculars by Officer Dante ________the applicability of the plain view doctrine.

Accepted Answer

The plain view doctrine allows law enforcement officers to seize evidence without a warrant if it is plainly visible. Using binoculars does not affect the applicability of this doctrine, as it still relies on what an officer can see without entering a property or otherwise infringing on someone's expectation of privacy.

Question 3

Non-citizens seeking entry into the United States have:

Accepted Answer

Non-citizens seeking entry into the United States have minimal Fourth Amendment rights at the border. The Supreme Court has held that border officials have the authority to search and seize without a warrant or probable cause in order to protect national security and prevent illegal entry into the country. However, any search that goes beyond what is necessary for those purposes may violate the Fourth Amendment.

Question 4

__________is defined as the giving up of a thing or item absolutely,without limitation as to any particular person or purpose.

Accepted Answer

The answer of __________is defined as the giving up of...

Question 5

The part of real estate property that is not protected by the Fourth Amendment is open________ .

Accepted Answer

The answer of The part of real estate property that...

Question 6

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

Accepted Answer

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

Question 7

The________ doctrine would allow the evidence Officer Dante obtained without a warrant or probable cause to be used in court.

Accepted Answer

The plain view doctrine allows evidence obtained without a warrant or probable cause to be used in court if the item was in plain view of the officer who had a lawful right to be in the position to view it.

Question 8

Officers need a ________or probable cause to seize items in the curtilage.

Accepted Answer

The answer of Officers need a ________or probable cause to...

Question 9

__________ is no longer a requirement of plain view.

Accepted Answer

The answer of __________ is no longer a requirement of...

Question 10

Under the Fourth Amendment,for evidence to qualify for the plain view exception to the warrant requirement,the discovery does not need to be:

Accepted Answer

The plain view exception to the warrant requirement allows law enforcement officers to seize evidence without a warrant if they discover the evidence in plain view while lawfully present in a location from which the evidence can be plainly seen. The discovery must be inadvertent, meaning that officers did not knowingly or purposefully seek out the evidence. The discovery does not need to be made with a warrant or due to reasonable suspicion.

Question 11

The plain view doctrine means that police officers the right to seize items that are plainly within their view as long as they have the________right to be in the position to see the items.

Accepted Answer

The answer of The plain view doctrine means that police...

Question 12

Fourth Amendment protections do not apply at immigration borders because:

Accepted Answer

The Supreme Court has held that a "compelling state interest" in protecting the nation's borders overrides Fourth Amendment protections at immigration borders. This means that immigration officials are permitted to conduct searches and seizures without a warrant or probable cause, which would typically violate the Fourth Amendment.

Question 13

Property that has been ________is no longer protected by the Fourth Amendment.

Accepted Answer

The answer of Property that has been ________is no longer...

Question 14

Under the plain view doctrine,certain mechanical devices can be used without a warrant.A transmitting device used to track a vehicle or item as it moves about is called a________ .

Accepted Answer

The answer of Under the plain view doctrine,certain mechanical devices...

Question 15

The portion of private property located around the home that is not open fields is called________ .

Accepted Answer

The answer of The portion of private property located around...

Question 16

What is the minimum level of proof Agent Ramos must have to detain and question the occupants of the van?

Accepted Answer

In order to detain and question the occupants of the van, Agent Ramos must have reasonable suspicion. Reasonable suspicion is a lower level of proof than probable cause and requires specific and articulable facts that suggest criminal activity may be afoot. Suspicion is not enough to justify a detention and questioning, as it is a mere hunch or feeling without any supporting facts.

Question 17

The U.S.Supreme Court has________ regarding plain view and open view.

Accepted Answer

The U.S. Supreme Court has not made a distinction between plain view and open view, treating observations made by officers without a search as legally similar.

Question 18

In Horton v.California (1990),the Supreme Court eliminated which of the following plain view requirements?

Accepted Answer

In Horton v. California (1990), the Supreme Court ruled that the requirement for an officer to inadvertently come across an incriminating object in plain view was not necessary for the plain view doctrine to apply. This decision eliminated the inadvertence requirement, allowing evidence to be admissible even if the officer expected to find the evidence in plain view.

Question 19

One of the requirements of the plain view doctrine is that it must be________ apparent that an item is seizable.

Accepted Answer

The answer of One of the requirements of the plain...

Question 20

At the border,Offer Ramos could conduct searches in the absence of which of the following?

Accepted Answer

At the border, customs and border protection officers like Officer Ramos can conduct searches without probable cause, reasonable suspicion, or any suspicion. This is due to the border search exception, which allows for searches at international borders or their functional equivalents without the need for a warrant or any level of suspicion.

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