Abandoned Property in Criminal Justice

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Questions and Answers

What is a key indicator that an owner has relinquished control over their property?

The property has been vandalized by others

The owner has explicitly stated they are no longer the owner

The owner has left the property for an extended period

The owner has voluntarily abandoned the property (correct)

Under what circumstances can personal property be assumed abandoned?

If it is left in a public place with a clear owner

If it is stored in a locked container

If it is dropped or thrown away in a public place (correct)

If it is in a private residence with no signs of ownership

What is a challenge when trying to establish abandonment of premises?

It is always easy to establish abandonment of premises

Identifying the lack of maintenance

Establishing the duration of no occupancy

Determining the owner's intention (correct)

What is a characteristic of an abandoned vehicle?

It is left running in a public place Signup and view all the answers

What is required to justify a search of abandoned property?

No justification is needed Signup and view all the answers

What is an indication that a vehicle may be abandoned?

It has been left unmoved in a public place for an extended period Signup and view all the answers

What is defined as the amount of privacy considered appropriate by society, as reflected in the law?

Legitimate Expectation of Privacy Signup and view all the answers

What type of area has no legitimate expectation of privacy and is not part of an area that would normally be considered curtilage?

Open Field Signup and view all the answers

What is the term for the grounds and buildings immediately surrounding a house or other living space?

Curtilage Signup and view all the answers

What is the term for an area that is freely accessible to members of the public, but is still part of a curtilage?

Quasi-Public Area Signup and view all the answers

What is the standard for searching a curtilage?

Probable Cause Signup and view all the answers

What is the standard for searching a public area?

No Justification Needed Signup and view all the answers

Under what circumstances can law enforcement officers board buses to conduct cursory investigations for drugs?

At any time Signup and view all the answers

What is the limitation on handling luggage by law enforcement officers on a bus?

Handling luggage to a reasonable extent Signup and view all the answers

What is the exception to the rule that public areas have no expectation of privacy?

Public rest rooms and phone booths Signup and view all the answers

Under what circumstances does the exception to the rule of no expectation of privacy in public rest rooms and phone booths not apply?

When the area is not being used for its intended purpose Signup and view all the answers

What is the implication of the increased use of cell phones and the diminishing number of public phones?

The example of the phone booth is less obvious Signup and view all the answers

What is permitted if officers are not on curtilage?

Using unaided senses and readily available aids Signup and view all the answers

What was the outcome of the Minnesota v. Carter case?

The officer's observation was considered a search, but not a violation of the Fourth Amendment Signup and view all the answers

What is required to claim Fourth Amendment protection?

Having a legitimate expectation of privacy in the invaded place Signup and view all the answers

What is the significance of the case Rakas v. Illinois?

It rejected the standing doctrine Signup and view all the answers

What determines the extent of Fourth Amendment protection?

Type of property being searched Signup and view all the answers

What is the significance of the case Minnesota v. Olson?

It established the Fourth Amendment protection for overnight guests Signup and view all the answers

What is different about the expectation of privacy in commercial property?

It is less than in a home Signup and view all the answers

What is the significance of the case Jones v. United States?

It established that one who is merely present with the consent of the householder may not have a legitimate expectation of privacy Signup and view all the answers

What is the significance of the case New York v. Burger?

It established that the expectation of privacy in commercial property is different from and less than in a home Signup and view all the answers

What is the condition for an officer to have legal access to seize evidence?

The officer has legal access to the area and recognizes the property as evidence. Signup and view all the answers

What happens if evidence is on curtilage and in plain view, but outside the area where the officer has legal right to be?

The officer can impound the property and seek a search warrant to make the entry. Signup and view all the answers

Are private citizens bound by the Fourth Amendment requirements?

No, they are not bound by the Fourth Amendment. Signup and view all the answers

What is the limitation on the scope of the search by an officer based on information obtained by a private citizen?

The officer is limited to the same area as the original private search. Signup and view all the answers

What happens if law enforcement officers participate in or encourage a private citizen's search?

The search is considered a search under the color of law and the Fourth Amendment applies. Signup and view all the answers

What is the requirement for an officer to seize evidence in plain view?

The officer must have legal access to the area and recognize the property as evidence. Signup and view all the answers

Study Notes

Abandoning Property and Reasonable Expectation of Privacy

Abandoning property indicates no reasonable expectation of privacy, as the owner gives up dominion and control.
To show that property is abandoned, it must be reasonable to believe that the ownership of the property has been relinquished voluntarily.
Examples of abandoned property include:
- Personal property dropped or thrown away in a public place
- Property left in the trash in a non-curtilage area
- Property left unclaimed by its owner when asked
- Vehicles left unmoved in a public place for an extended period
- Vehicles left running at the end of a pursuit
It is difficult to establish abandonment for premises, as it is not unusual to leave a home or business for an extended period with no intention of giving up ownership.

Non-Fourth Amendment Searches

A reasonable expectation of privacy is defined as the amount of privacy considered appropriate by society, as reflected in the law.
Key terms and doctrines in Non-Fourth Amendment searches include:
- Open field: any area of public land or private land in which the owner has no legitimate expectation of privacy.
- Curtilage: the grounds and buildings immediately surrounding a house or other living space which are commonly used for family and/or other home-life activities.
- Public area: area to which the public has unrestricted access and which is not part of an area which would normally be considered curtilage.
- Quasi-public area: area which would normally be considered part of a curtilage but which is freely accessible to members of the public.

Search Justification

No justification is needed to search abandoned property.
Justification is needed to search other areas, including:
- Open field: no justification needed if the land is a public area.
- Curtilage: probable cause is needed to justify a search.
- Public area: no justification needed.
- Quasi-public area: a legitimate investigative purpose is needed to justify the search.

Special Circumstances

Law enforcement officers may board buses to conduct cursory investigations for drugs, and drug dogs may be brought on board.
Officers may search public areas, but certain areas like public restrooms and phone booths are not considered "open fields" and require a reasonable expectation of privacy.
Surveillance is reasonable if officers are not on the curtilage and use unaided senses, or aids readily available to the average citizen, such as binoculars.

Fourth Amendment Rights

The Minnesota v. Carter case (1998) held that respondents had a legitimate expectation of privacy in the invaded place, and the officer's observation constituted an unreasonable search.
To claim Fourth Amendment protection, a defendant must demonstrate that they personally have an expectation of privacy in the place searched, and that their expectation is reasonable.
The Fourth Amendment protects persons against unreasonable searches of "their persons [and] houses," and thus indicates that it is a personal right that must be invoked by an individual.

Plain View Doctrine

The three elements required for a valid seizure under the Plain View Doctrine include:
- The officer has the legal right to be in the location where the items were seen.
- The officer immediately recognizes the property, with probable cause certainty, as evidence of a crime or contraband.
- The officer has legal access to the area to seize it (appropriate access per recognized search parameters).
If evidence or contraband is on curtilage, in plain view of the officer, but outside the area where they have the legal right to be, then impound (secure) the property and seek a search warrant to make the entry.

Private Searches

Private citizens are not bound by the requirements/restrictions of the Fourth Amendment that are placed on law enforcement persons.
The scope of the search by an officer based on the information obtained by a private citizen during a search is limited to the same area as the original private search.
Officers may use information gathered by a private citizen in a search, so long as no law enforcement officers took part in or encouraged the citizen's intrusion into the suspect's protected area.

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Description

Determine the circumstances under which property can be considered abandoned and the rights of ownership have been relinquished. Identify key aspects of searching and reporting abandoned property.