Question 1

The ________ doctrine states that items in open fields are not protected by the Fourth Amendment and may be properly seized by an officer without a warrant or probable cause.&#10;A) Plain fields&#10;B) Plain view&#10;C) Open search&#10;D) Open fields

Accepted Answer

The "Open Fields" doctrine establishes that items located in open fields fall outside the protections of the Fourth Amendment, allowing law enforcement to seize such items without a warrant or probable cause.

Question 2

Under the ________ doctrine, the item is found in a non-enclosed area such as in a parking lot, a public street, or a park that is accessible to the public; whereas under the ________ doctrine, the seizable property is usually in a house or another enclosed place.

A) Plain view/open fields
B) Open fields/plain view
C) Plain view/independent source
D) Open fields/inevitable discovery

Open fields/plain view

Accepted Answer

The correct doctrines are "open fields" for items found in non-enclosed areas accessible to the public and "plain view" for seizable property usually in a house or another enclosed place.

Question 3

According to the text, which of the following is no longer a necessary element of the plain view doctrine?&#10;A) The item must be within the officer's sight&#10;B) &#34;Inadvertent discovery&#34; of evidence&#10;C) It must be immediately apparent to the officer that the item is subject to seizure&#10;D) The officer must legally be in the place from which the item is seen

Accepted Answer

The "inadvertent discovery" requirement was once considered a necessary element of the plain view doctrine but has since been deemed no longer essential. This change means that the discovery of the evidence does not need to be accidental for the plain view doctrine to apply.

Question 4

&#34;Certain knowledge&#34; that evidence seen is incriminating is not necessary under the plain view doctrine. ________ is sufficient to justify a seizure.&#10;A) Mere suspicion&#10;B) Reasonable suspicion&#10;C) Probable cause&#10;D) Some knowledge

Accepted Answer

Probable cause is the standard required under the plain view doctrine for law enforcement to justify the seizure of items without a warrant. This means that the officer has enough facts or evidence to believe that the item is related to criminal activity.

Question 5

&#34;No Trespassing&#34; signs do not effectively bar the public from viewing open fields; therefore, the expectation of privacy by the owner of an open field ________.&#10;A) Does not exist&#10;B) Is bare minimum&#10;C) Is reasonable&#10;D) Is expected

Accepted Answer

The expectation of privacy by the owner of an open field does not exist because "No Trespassing" signs do not prevent the public from viewing these areas, indicating that there is no reasonable expectation of privacy in open fields visible to the public.

Question 6

The naked-eye observation by the police of a suspect's backyard is not a &#34;search&#34; within the meaning of the ________ Amendment.&#10;A) First&#10;B) Fourth&#10;C) Fifth&#10;D) Fourteen

Accepted Answer

The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures. The observation of something in plain view, such as a suspect's backyard from a place where the officer has a right to be, is not considered a search under the Fourth Amendment.

Question 7

What should be considered before determining if an area is considered a part of the curtilage of the home?&#10;A) The proximity of the area to the home and whether the area is in an enclosure surrounding the home&#10;B) The nature and uses of the area&#10;C) The steps taken to conceal the area from public view&#10;D) All of the above

Accepted Answer

The concept of curtilage involves considerations of proximity to the home, the nature and uses of the area, and efforts to keep the area private, such as fencing or other means to conceal it from public view. These factors collectively help determine if an area is considered part of the home's curtilage, which has implications for privacy and legal protections against searches without a warrant.

Question 8

Which of the following court cases laid out the standards for determining whether a particular building falls within the curtilage of the main house?&#10;A) Arizona v. Hicks&#10;B) United States v. Leon&#10;C) United States v. Dunn&#10;D) Oliver v. United States

Accepted Answer

United States v. Dunn (1987) established criteria for determining whether an area is within the curtilage of a dwelling, which is relevant for Fourth Amendment protections. The Court outlined four factors: the proximity of the area claimed to be curtilage 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 9

Which case law established that the plain view doctrine may not be invoked unless there is probable cause?&#10;A) Arizona v. Hicks&#10;B) United States v. Leon&#10;C) United States v. Dunn&#10;D) Oliver v. United States

Accepted Answer

Arizona v. Hicks established that the plain view doctrine requires probable cause to apply, meaning that law enforcement officers can only seize evidence in plain view if they have probable cause to believe it is associated with criminal activity.

Question 10

Under the ________ doctrine, the item seized is limited to what is in the officer's sight. By contrast, items known or observed through the use of the officer's other senses (smell, hearing, touching, and tasting) also fall under the ________ doctrine.

A) Plain view/open fields
B) Open fields/independent source
C) Plain view/independent source
D) Open fields/inevitable discovery

Accepted Answer

The correct doctrine is the "Plain view" doctrine, which allows officers to seize without a warrant evidence and contraband found in plain view during a lawful observation. The "Open fields" doctrine, on the other hand, holds that items found in open fields, beyond the direct domestic area, are not protected by the Fourth Amendment's right to privacy, thus they can be seized without a warrant.

Question 11

Which of the following court cases does away with the requirement that for plain view to apply, the discovery of the evidence must be purely accidental?&#10;A) Arizona v. Hicks&#10;B) Horton v. California&#10;C) United States v. Dunn&#10;D) Oliver v. United States

Accepted Answer

The answer of Which of the following court cases does...

Question 12

Items in plain view are protected by the Fourth Amendment guarantee against unreasonable searches and seizures.

Accepted Answer

The answer of Items in plain view are protected by...

Question 13

Curtilage is the land and buildings immediately surrounding, and immediately associated with, a dwelling.

Accepted Answer

The answer of Curtilage is the land and buildings immediately...

Question 14

The police may not enter and investigate unoccupied or undeveloped areas outside the curtilage without a warrant or probable cause.

Accepted Answer

The answer of The police may not enter and investigate...

Question 15

The &#34;reasonable expectation of privacy&#34; doctrine under the Fourth Amendment does not apply when the property involved is an open field.

Accepted Answer

The answer of The &#34;reasonable expectation of privacy&#34; doctrine under...

Question 16

Generally, the curtilage is considered an open field and hence is not protected against unreasonable searches and seizures.

Accepted Answer

The answer of Generally, the curtilage is considered an open...

Question 17

Most seizures by the police under plain view are likely to be inadvertent, meaning the police had no prior knowledge the item was there.

Accepted Answer

The answer of Most seizures by the police under plain...

Deck 13: Plain View and Open Searches