Question 1

Describe the findings of United States v. Gillenwaters regarding the plain view doctrine when police respond to certain emergencies.

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Question 2

The plain view doctrine is justified on the basis of police _____________________ and ____________________.

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Question 3

Minnesota v. Dickerson, 508 U.S. 366 (1993), applied the principles of the plain view doctrine to a situation in which a law enforcement officer discovered contraband through the sense of touch during an otherwise lawful search. This is sometimes called the plain ____________________________ doctrine.

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Question 4

What is meant by a controlled delivery and why is it used?

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Question 5

Although the plain view doctrine does not allow a law enforcement officer to conduct a further search of an object to determine its incriminating nature, it has been established that an officer may use ____________________ or ____________________ aids to assist in observing items of evidence.

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Question 6

Name three mechanical aids or electrical devices that courts have ruled on for plain view searches and what, if any, limitations are placed on those devices.

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Question 7

Name the three requirements that officers must satisfy in order to justify a seizure of evidence under the plain view doctrine.

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Question 8

If the contents of a container can be inferred from its outward appearance, distinctive configuration, transparency or other characteristic, the container may be ____________________ by law enforcement officers. If the officer has probable cause to believe items in the container constitute illegal contraband, the officer may seize the container along with these items.

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Question 9

Discuss the reasoning of the court in United States v. Barry, 2005 regarding the warrantless search of a defendant's vehicle bases on "plain smell."

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Question 10

Law enforcement authorities, rather than simply seizing contraband, often make a so-called _________ delivery of the container, monitoring the container on its journey to the intended destination.

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Question 11

Describe the plain touch or plain feel doctrine.

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Question 12

The ___________ is grounded on the proposition that once police officers are lawfully in a position to observe an item first-hand, the owner's privacy interest in that item is lost.

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Question 13

Explain the distinction between a plain view observation and a search.

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Question 14

If the police lack ________ that an object in plain view is contraband without conducting some further search of the object, the plain view doctrine cannot justify its seizure.

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Question 15

Describe searches regarding the plain view doctrine of police vehicle inventory searches in the case of South Dakota v. Opperman, 1976.

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Question 16

Briefly describe the plain view doctrine.

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Question 17

It is important to remember that the Fourth Amendment does not prohibit searches and seizures, only _________ searches and seizures.

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Question 18

According to Mincey v. Arizona, the warrantless search of a residence is not constitutionally permissible simply because a homicide has recently occurred there. There is no "_______________" exception.

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Question 19

Define what is meant by a hot pursuit and legal searches surrounding these incidents.

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Question 20

Law enforcement officers who are lawfully on a premise in _______ of a fleeing suspect may seize items of evidence observed open to their view.

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Quiz 10: The Plain View Doctrine and Special Needs Searches