California Invasion of Privacy Quiz

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What are the two criteria that must be met for an individual to have a reasonable expectation of privacy?

The individual must have indicated a subjective expectation of privacy and the expectation must be objectively reasonable. (correct)

The individual must have indicated a subjective expectation of privacy and the expectation must be subjectively reasonable.

The individual must have taken action to preserve privacy and the expectation must be objectively reasonable.

The individual must have taken action to preserve privacy and the expectation must be subjectively reasonable.

What are the three major exceptions to the warrant requirement for searches and seizures?

Plain view, consent searches, and searches incident to arrest.

Plain view, emergency searches, and consent searches.

Plain view, emergency searches, and searches incident to arrest.

Emergency searches, consent searches, and searches incident to arrest. (correct)

What is the main focus of this chapter?

Warrantless searches and seizures in and around the home. (correct)

The right to be free from unreasonable governmental intrusion.

The three major exceptions to the warrant requirement.

The definition of a reasonable expectation of privacy.

Under what circumstances can officers view a suspect's home, yard, or property from a neighbor's home or property?

Only if the suspect's property is visible to the public Signup and view all the answers

What is the expectation of privacy associated with other structures on the premises compared to a house?

It is slightly less Signup and view all the answers

How is the determination of what falls within the curtilage made?

Based on the proximity of the area to the home Signup and view all the answers

Under what circumstances would observations made through a window in a non-public area constitute an illegal invasion of privacy?

If the window is mostly covered Signup and view all the answers

In which scenario would observations made through a window be considered a legal search?

When the officer is responding to a report of a child in traffic Signup and view all the answers

What is the general rule regarding the expectation of privacy created by the erection of walls and fences?

If you can see over or through the fence or wall without getting very close, it is considered a search Signup and view all the answers

When would climbing over a fence or wall be considered a trespass?

When the area behind the wall or fence is curtilage Signup and view all the answers

Which of the following areas generally does not have Fourth Amendment protection?

The front yard of a home Signup and view all the answers

Under what circumstances could a person's driveway receive Fourth Amendment protection?

If the owner grows thick shrubbery around the driveway Signup and view all the answers

In which of the following scenarios would a search be considered lawful?

Officers entering a private driveway to investigate suspicious activity Signup and view all the answers

In which of the following scenarios would a search be considered unlawful?

Officers making clandestine observations on a driveway with 'no trespassing' signs and thick shrubbery Signup and view all the answers

If an officer observes a cocked revolver in the back yard of a residence, what action can they lawfully take?

Enter the back yard and seize the revolver Signup and view all the answers

Under what circumstances would a warrantless entry into a yard be considered illegal?

When the area is protected by a reasonable expectation of privacy Signup and view all the answers

What is the general rule regarding an officer's observation of objects in a yard from an adjacent property?

It does not violate the yard owner's privacy Signup and view all the answers

What is the general rule regarding an officer's observation of a suspect's back yard from a common area in an apartment complex?

The observation is legal, but warrantless entry into the yard is not Signup and view all the answers

When can a peace officer physically enter an area where a person has a 'reasonable expectation of privacy' in order to conduct a search or seize something?

All of the above Signup and view all the answers

What is the concept of 'curtilage' in relation to a home?

The real property closely tied to a home that enjoys the same protection as the home itself Signup and view all the answers

Can a person claim a reasonable expectation of privacy in areas around their home where the general public would reasonably be permitted to go?

No, they cannot claim a reasonable expectation of privacy in any areas around their home Signup and view all the answers

What is the general rule for a peace officer to physically enter an area where a person has a 'reasonable expectation of privacy' in order to conduct a search or seize something?

All of the above Signup and view all the answers

Which one of the following scenarios would likely result in an illegal warrantless entry?

An officer walks into a fenced back yard through a closed, posted but unlocked gate to investigate a malicious mischief matter. Signup and view all the answers

In which scenario would the police actions be considered legal?

Police walk around the outside of a residence and see marijuana plants inside the house through a fairly large crack. Signup and view all the answers

Under what circumstances would a warrantless entry into a back yard be considered legal?

When officers are trying to locate a resident regarding a domestic disturbance earlier that day. Signup and view all the answers

In which scenario would the police actions be considered legal due to exigent circumstances?

Officers go to a residence to serve a parole arrest warrant, open a gate off the driveway, walk through the back yard, and knock on the rear door. Signup and view all the answers