38 Questions
What is the significance of abandoning property in terms of reasonable expectation of privacy?
It indicates no reasonable expectation of privacy.
What is the primary factor in determining whether an area is considered 'open field'?
The legitimate expectation of privacy by the owner.
What is the term for the grounds and buildings surrounding a house or living space?
Curtilage.
What is required for a police officer to enter a public area to search for and seize evidence or contraband?
No justification is needed.
What is the term for an area which would normally be considered part of a curtilage but is freely accessible to members of the public?
Quasi-public area.
What is the primary consideration when determining if a search of a protected area by a private person is valid?
The owner's expectation of privacy.
What is the significance of a vehicle left unmoved in a public place for an extended period of time?
It may be assumed to be abandoned.
What is the term for the amount of privacy considered appropriate by society, as reflected in the law?
Legitimate expectation of privacy.
How many factors do courts consider when determining if an area is within the 'curtilage of a dwelling'?
Four.
What is the significance of identifying the justification to search abandoned property?
No justification is needed.
What is the primary purpose of the lesson on non-Fourth Amendment seizures?
To explore the exceptions to the Fourth Amendment
What is required to establish abandonment of personal property, vehicles, or premises?
A clear indication of intent to abandon
What is the primary factor in determining whether an area is considered 'curtilage' of a dwelling?
The proximity of the area to the dwelling
What level of certainty is required for a seizure under the Plain View Doctrine?
Probable cause
When can law enforcement search a public area without a warrant?
When the area is a public transportation hub
What is the primary consideration in determining whether an individual has lost their reasonable expectation of privacy in a public place?
The actions of the individual
When can surveillance of private property be considered reasonable?
When the surveillance is conducted from a public area
What is the most appropriate action to take when evidence or contraband is on curtilage, in plain view, but outside the area where the officer has a legal right to be?
Obtain a warrant to search the area
What is the primary requirement for a defendant to claim Fourth Amendment protection?
The defendant must demonstrate a personal expectation of privacy in the place searched
What is the primary difference between an overnight guest and someone who is merely present with the consent of the householder?
The overnight guest has a legitimate expectation of privacy, while the other does not
What is the main factor in determining the extent of Fourth Amendment protection in commercial property?
The expectation of privacy of the individuals involved
What is the primary requirement for a valid seizure under the Plain View Doctrine?
The officer must have legal access to the area and recognize the items as evidence or contraband
What is the main difference between a search by a private citizen and a search by a law enforcement officer?
Private citizens are not bound by the Fourth Amendment, while law enforcement officers are
What is the primary limitation on an officer's search based on information obtained by a private citizen?
The officer is limited to the same area as the original private search
What is the main reason why an officer may use information gathered by a private citizen in a search?
Because the officer did not encourage or participate in the private citizen's search
What is the primary difference between a search by an overnight guest and a search by someone who is merely present with the consent of the householder?
The overnight guest has a legitimate expectation of privacy, while the other does not
What is the primary requirement for an officer to seize property under the Plain View Doctrine?
The officer must have probable cause to believe the items are evidence of a crime
What is the primary limitation on the scope of a 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
What is the justification needed to search an open field?
No justification needed
What is the justification needed to search a curtilage?
Probable cause
Under what circumstances can law enforcement officers board buses to conduct searches?
To conduct cursory investigations for drugs
What is the distinction made in the case of U.S. v. Bond (2000)?
Between squeezing and handling luggage
What is the exception to the reasonable expectation of privacy in public rest room stalls?
If the stall is being used for drug use or illegal sex acts
What is the limitation on officers using surveillance in public areas?
They must use unaided senses
What is the significance of the Minnesota v. Carter (1998) case?
It held that peeking into windows is a Fourth Amendment violation
What is the distinction between a public area and a quasi-public area?
A public area requires no justification, while a quasi-public area requires a legitimate investigative purpose
What is the significance of the law enforcement officer's actions in the Minnesota v. Carter (1998) case?
The officer looked in the apartment window through a gap in the closed blind
What is the implication of the Minnesota v. Carter (1998) case on the concept of 'standing'?
Respondents have standing to claim Fourth Amendment protection if they have a legitimate expectation of privacy
Study Notes
Non-Fourth Amendment Seizures
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Abandoned Property: No reasonable expectation of privacy exists, as the owner has relinquished dominion and control.
- Must show that it was reasonable to believe the ownership of the property had been relinquished.
- Examples of abandoned property:
- Personal property dropped or thrown away in a public place.
- Items in the trash in a non-curtilage area.
- Owner stating they are not the owner.
- Vehicle left unmoved in a public place for an extended period.
- Vehicle left running at the end of a pursuit.
- Justification: No justification needed to search abandoned property, as it has no owner to challenge the search.
Open Field Doctrine and Curtilage
- Reasonable Expectation of Privacy: The amount of privacy considered appropriate by society, as reflected in the law.
-
Definitions:
- Open Field: Area of public land or private land without legitimate expectation of privacy.
- Curtilage: Grounds and buildings immediately surrounding a house, used for family and home-life activities.
- Public Area: Area with unrestricted access, not part of curtilage.
- Quasi-Public Area: Area normally considered part of curtilage but freely accessible to the public.
-
Four Factors: Courts consider the following when determining if an area is within curtilage:
- Distance from the home to the place in question.
- Whether included in an enclosure.
- Nature of use (domestic activities).
- Steps taken to protect the area from observation.
- Justification: Probable cause needed to search curtilage, while open fields and public areas require no justification.
Plain View Doctrine
-
Three Elements:
- Officer has the legal right to be in the location.
- Officer immediately recognizes the property as evidence of a crime or contraband.
- Officer has legal access to the area to seize it.
- Probable Cause: Officer must have probable cause that the items are contraband or evidence.
- Action: If evidence is on curtilage, in plain view, but outside the area where the officer has the legal right to be, impound the property and seek a search warrant.
Search of Protected Areas by Private Persons
- Private Citizen Restrictions: Citizens are not bound by the Fourth Amendment requirements/restrictions.
- Scope of Search: Officer's search is limited to the same area as the original private search.
- Participation: If law enforcement officers participate in or encourage a private search, it becomes a Fourth Amendment search.
- Use of Information: Officers can use information gathered by a private citizen, as long as no law enforcement officers took part in or encouraged the search.
This lesson explores exceptions to the Fourth Amendment of the US Constitution, focusing on non-Fourth Amendment seizures. Learn about the basics of constitutional law and understand the scope of this fundamental right.
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