Podcast
Questions and Answers
What are the two requirements for a person to have a reasonable expectation of privacy?
What are the two requirements for a person to have a reasonable expectation of privacy?
- The person must have indicated a subjective expectation of privacy and society must recognize their expectation as legitimate
- The person must have indicated a subjective expectation of privacy and the government must recognize their expectation as legitimate
- The person must have taken action to preserve privacy and society must recognize their expectation as legitimate (correct)
- The person must have taken action to preserve privacy and the government must recognize their expectation as legitimate
What are the three major exceptions to the warrant requirement discussed in the text?
What are the three major exceptions to the warrant requirement discussed in the text?
- Emergency searches, consent searches, and searches incident to arrest (correct)
- Plain view, emergency searches, and consent searches
- Consent searches, searches incident to arrest, and abandonment
- Plain view, consent searches, and searches incident to arrest
What is the main focus of this chapter?
What is the main focus of this chapter?
- Standing with regard to permanent or temporary residences
- The right to be free from unreasonable governmental intrusion
- Warrantless searches and seizures in and around the home (correct)
- The three major exceptions to the warrant requirement
When can officers view a suspect's home, yard, or property from a neighbor's home or property?
When can officers view a suspect's home, yard, or property from a neighbor's home or property?
What is the expectation of privacy associated with other structures on the premises compared to a house?
What is the expectation of privacy associated with other structures on the premises compared to a house?
How is the determination of what falls within the curtilage made?
How is the determination of what falls within the curtilage made?
Under what circumstances can an officer lawfully enter a back yard without a warrant?
Under what circumstances can an officer lawfully enter a back yard without a warrant?
When is it legal to observe objects in someone's back yard from an adjacent property?
When is it legal to observe objects in someone's back yard from an adjacent property?
What is the general rule regarding an officer's warrantless entry into a person's back yard?
What is the general rule regarding an officer's warrantless entry into a person's back yard?
Under what circumstances are an officer's observations through a window considered legal?
Under what circumstances are an officer's observations through a window considered legal?
Which one of these scenarios would likely be considered a legal warrantless entry into a back yard?
Which one of these scenarios would likely be considered a legal warrantless entry into a back yard?
In which scenario would an officer's entry into a front yard likely be considered legal without a warrant?
In which scenario would an officer's entry into a front yard likely be considered legal without a warrant?
Which statement best describes the reasonable expectation of privacy in a back yard compared to a front yard?
Which statement best describes the reasonable expectation of privacy in a back yard compared to a front yard?
In which scenario would an officer's entry into a back yard likely be considered illegal without a warrant?
In which scenario would an officer's entry into a back yard likely be considered illegal without a warrant?
When can a peace officer physically enter an area where a person has a 'reasonable expectation of privacy' to conduct a search or seize something?
When can a peace officer physically enter an area where a person has a 'reasonable expectation of privacy' to conduct a search or seize something?
What is the concept of 'curtilage' according to the text?
What is the concept of 'curtilage' according to the text?
In which of the following situations can a peace officer enter a person's garage without a warrant, consent, or exigent circumstances?
In which of the following situations can a peace officer enter a person's garage without a warrant, consent, or exigent circumstances?
What did the court hold in the case of Hughston (2008) 168 Cal.App.4th 1062?
What did the court hold in the case of Hughston (2008) 168 Cal.App.4th 1062?
Which of the following is true regarding the Fourth Amendment protection in a garage of a condominium apartment?
Which of the following is true regarding the Fourth Amendment protection in a garage of a condominium apartment?
In the case of Nohara (9th Cir. 1993) 3 F.3d 1239, what was the conclusion regarding the expectation of privacy in the interior hallway outside the suspect's apartment in a high-rise, high-security apartment building?
In the case of Nohara (9th Cir. 1993) 3 F.3d 1239, what was the conclusion regarding the expectation of privacy in the interior hallway outside the suspect's apartment in a high-rise, high-security apartment building?
What was the reason given in Chavez (2008) 161 Cal.App.4th 1493 for the defendant not having a reasonable expectation of privacy in the area in front of the side gate to his back yard?
What was the reason given in Chavez (2008) 161 Cal.App.4th 1493 for the defendant not having a reasonable expectation of privacy in the area in front of the side gate to his back yard?
In the case of Lujano (2014) 229 Cal.App.4th 175, why was it lawful for the officers to enter a private driveway through two unlocked gates?
In the case of Lujano (2014) 229 Cal.App.4th 175, why was it lawful for the officers to enter a private driveway through two unlocked gates?
Under what circumstances would observations from a back yard window be considered an illegal invasion of privacy?
Under what circumstances would observations from a back yard window be considered an illegal invasion of privacy?
When would a search into a residence based on an exigency be considered legal?
When would a search into a residence based on an exigency be considered legal?
When would a viewing over or through a fence or wall not be considered a 'search'?
When would a viewing over or through a fence or wall not be considered a 'search'?
When would looking through a small knothole in a six-foot-high wooden fence be considered a warrantless 'search'?
When would looking through a small knothole in a six-foot-high wooden fence be considered a warrantless 'search'?