Question 1

Curtilage nearly always includes

Accepted Answer

Curtilage typically refers to the immediate surrounding area of a house, which is usually enclosed by a fence or other boundary. While curtilage can sometimes include adjacent land, such as posted fields, it generally relates to the area closest to the house itself. Therefore, option A is the best choice as it represents the most common understanding of curtilage.

Question 2

Under the open fields doctrine,an officer without a warrant

Accepted Answer

The open fields doctrine allows officers to trespass onto open land to search for and seize evidence without a warrant, as long as the land is not immediately surrounding the home and is not enclosed or posted. This is based on the idea that individuals do not have a reasonable expectation of privacy in open fields because they are open to public view. Therefore, choice A is the best option because it correctly reflects the open fields doctrine.

Question 3

The _________ is part of the open fields.

Accepted Answer

The forest around the home is considered part of the open fields, which are not protected by the Fourth Amendment. Curtilage, dwelling, and attached garage are considered part of the home and are protected.

Question 4

The basic open fields doctrine as stated by the Court in the Hester case is that Fourth Amendment protections

Accepted Answer

The basic open fields doctrine, as stated by the Court in the Hester case, is that Fourth Amendment protections do not extend to the open fields. This means that law enforcement officers can conduct searches and seizures of open fields without a warrant or probable cause. However, it is important to note that this doctrine does not apply to the curtilage of a home, which is the area immediately surrounding the home and is still protected by the Fourth Amendment.

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

Accepted Answer

The officer does not need a warrant to collect evidence of illegal drug use in a public place where there is no expectation of privacy. It is reasonable for an officer to approach the table and collect a minute grain of evidence to corroborate the informant's tip. However, if the tables were located in a private setting such as a backyard, a warrant would be necessary.

Question 6

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

Accepted Answer

To establish abandonment, it is necessary to show that there was an intent to abandon the property as well as that the abandonment was voluntary. Simply leaving an item in a public place does not necessarily imply an intent to abandon the property. The additional requirement that the abandonment must be voluntary sets the standard for the legal concept of abandonment. The police do not have to prove that the abandonment benefited the suspect.

Question 7

Which of the following statements is true in terms of determining the curtilage surrounding a house?

Accepted Answer

Shared areas of multi-unit dwellings, like hallways or common spaces, are generally not considered part of an individual's curtilage and thus do not receive Fourth Amendment protection.

Question 8

The word "house" in the Fourth Amendment is interpreted to mean

Accepted Answer

The Fourth Amendment protects against unreasonable searches and seizures of "the right of the people to be secure in their persons, houses, papers, and effects." In interpreting the term "house," the Supreme Court has held that it includes the private areas of residential and commercial premises, which covers most indoor areas where individuals have a reasonable expectation of privacy. A and C are incorrect because open fields and posted property outside the curtilage are not considered "houses" for purposes of the Fourth Amendment.

Question 9

Curtilage means

Accepted Answer

Curtilage refers to the land immediately surrounding a dwelling and is typically considered part of the property associated with the dwelling. Therefore, choice D (the dwelling and the area close around it) is the best choice.

Question 10

Enclosing an area with a sight-obscuring fence

Accepted Answer

Enclosing an area with a sight-obscuring fence does not automatically bring it within the curtilage if it is already outside the curtilage. Curtilage is determined by factors such as proximity to the home, use, and enclosure, but simply adding a fence does not change its status if it was previously outside.

Question 11

The open fields means

Accepted Answer

The open fields refers to any area outside the curtilage.

Question 12

?The open fields doctrine allows police officers to search for and seize evidence in the open fields

Accepted Answer

The open fields doctrine allows police to search and seize evidence in open fields without a warrant, probable cause, or any other justification because open fields are not protected by the Fourth Amendment.

Question 13

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

Accepted Answer

The answer of The primary difference between the abandonment doctrine...

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.

Accepted Answer

The answer of The Fourth Amendment protections requiring police to...

Question 15

Which of the following is not curtilage?

Accepted Answer

Curtilage refers to the land immediately surrounding a house or dwelling, including any closely associated buildings and structures. A house under construction with only skeletal framing does not yet constitute a dwelling and therefore does not have curtilage.

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

Accepted Answer

The open fields doctrine allows officers to enter and search areas that are open to the public or not protected by the Fourth Amendment. If the backyard is open to use by any passerby, it is not considered private and thus not protected.

Question 17

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

Accepted Answer

The intention to abandon property can be determined by considering words spoken, actions done, and other objective facts. Police officer guesses or assumptions are not appropriate factors to consider.

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?

Accepted Answer

The official property lines of the curtilage are not a determining factor. The other three factors (privacy measures, enclosure, and proximity to the home) are considered when determining if an area falls within the 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"?

Accepted Answer

The Fourth Amendment's protection of "houses" extends to various temporary and semi-permanent residences, including hotel and motel rooms, apartments, rooming and boarding house rooms, and hospital rooms, as they are considered private spaces where individuals have a reasonable expectation of privacy.

Question 20

Curtilage nearly always includes

Accepted Answer

Curtilage typically refers to the area immediately surrounding a home, such as the backyard, and is considered an extension of the home for Fourth Amendment purposes. It does not typically include open fields or commercial premises, and certainly not the sidewalk in front of a house.

Quiz 12: Open Fields and Abandoned Property

Curtilage nearly always includes

Under the open fields doctrine,an officer without a warrant

The _________ is part of the open fields.

The basic open fields doctrine as stated by the Court in the Hester case is that Fourth Amendment protections

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

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

Which of the following statements is true in terms of determining the curtilage surrounding a house?

The word "house" in the Fourth Amendment is interpreted to mean

Curtilage means

Enclosing an area with a sight-obscuring fence

The open fields means

?The open fields doctrine allows police officers to search for and seize evidence in the open fields

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

The Fourth Amendment protections requiring police to have a warrant to enter to search extend to but not to under the open fields doctrine.

Which of the following is not curtilage?

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

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

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?

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"?

Curtilage nearly always includes