Legal Boundaries
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Questions and Answers

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?

  • 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?

  • 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?

    <p>If they are invited to do so and the view is open to public view</p> Signup and view all the answers

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

    <p>It is slightly less</p> Signup and view all the answers

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

    <p>Based on the proximity to the home, whether it is included within an enclosure, how it is used, and the steps taken by the resident to protect the area from observation</p> Signup and view all the answers

    Under what circumstances can an officer lawfully enter a back yard without a warrant?

    <p>If they observe a cocked revolver in the back yard</p> Signup and view all the answers

    When is it legal to observe objects in someone's back yard from an adjacent property?

    <p>If the adjacent property is nearby and the back yard can be viewed from it</p> Signup and view all the answers

    What is the general rule regarding an officer's warrantless entry into a person's back yard?

    <p>It is illegal unless there are exigent circumstances or consent</p> Signup and view all the answers

    Under what circumstances are an officer's observations through a window considered legal?

    <p>If the officer is standing in a public place and observing through a window with no obstructions</p> Signup and view all the answers

    Which one of these scenarios would likely be considered a legal warrantless entry into a back yard?

    <p>An officer opens a gate off the driveway and walks through the back yard to serve a parole arrest warrant.</p> Signup and view all the answers

    In which scenario would an officer's entry into a front yard likely be considered legal without a warrant?

    <p>An officer goes through an unlocked gate in a chain-link fence to talk to a suspect standing in the front yard.</p> Signup and view all the answers

    Which statement best describes the reasonable expectation of privacy in a back yard compared to a front yard?

    <p>A person generally has a higher expectation of privacy in their back yard.</p> Signup and view all the answers

    In which scenario would an officer's entry into a back yard likely be considered illegal without a warrant?

    <p>Officers respond to an anonymous tip and hop over a three-and-a-half-foot chain-link fence to detain a known individual.</p> Signup and view all the answers

    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?

    <p>All of the above</p> Signup and view all the answers

    What is the concept of 'curtilage' according to the text?

    <p>The real property that is intimately tied to the home and enjoys the same protection as the home itself</p> Signup and view all the answers

    In which of the following situations can a peace officer enter a person's garage without a warrant, consent, or exigent circumstances?

    <p>None of the above</p> Signup and view all the answers

    What did the court hold in the case of Hughston (2008) 168 Cal.App.4th 1062?

    <p>The tarp structure enclosing the rented Hummer was equivalent to a large camping tent and the officers' warrantless entry into the structure was unlawful</p> Signup and view all the answers

    Which of the following is true regarding the Fourth Amendment protection in a garage of a condominium apartment?

    <p>It is not protected under the Fourth Amendment.</p> Signup and view all the answers

    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?

    <p>The suspect had no reasonable expectation of privacy.</p> Signup and view all the answers

    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?

    <p>The area was impliedly open to the public.</p> Signup and view all the answers

    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?

    <p>The man was stripping copper wire from an air conditioning unit.</p> Signup and view all the answers

    Under what circumstances would observations from a back yard window be considered an illegal invasion of privacy?

    <p>If there is no pathway or entrance to the residence</p> Signup and view all the answers

    When would a search into a residence based on an exigency be considered legal?

    <p>If the officers saw a nonresponsive adult male and an infant playing with a plastic bag near its face through a back window</p> Signup and view all the answers

    When would a viewing over or through a fence or wall not be considered a 'search'?

    <p>If the person can see over or through the fence or wall without extraordinary effort</p> Signup and view all the answers

    When would looking through a small knothole in a six-foot-high wooden fence be considered a warrantless 'search'?

    <p>If the officer was told by an informant that illegal activity was occurring</p> Signup and view all the answers

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