26 Questions
What are the two requirements for a person to have a reasonable expectation of privacy?
The person must have taken action to preserve privacy and society 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
What is the main focus of this chapter?
Warrantless searches and seizures in and around the home
When can officers view a suspect's home, yard, or property from a neighbor's home or property?
If they are invited to do so and the view is open to public view
What is the expectation of privacy associated with other structures on the premises compared to a house?
It is slightly less
How is the determination of what falls within the curtilage made?
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
Under what circumstances can an officer lawfully enter a back yard without a warrant?
If they observe a cocked revolver in the back yard
When is it legal to observe objects in someone's back yard from an adjacent property?
If the adjacent property is nearby and the back yard can be viewed from it
What is the general rule regarding an officer's warrantless entry into a person's back yard?
It is illegal unless there are exigent circumstances or consent
Under what circumstances are an officer's observations through a window considered legal?
If the officer is standing in a public place and observing through a window with no obstructions
Which one of these scenarios would likely be considered a legal warrantless entry into a back yard?
An officer opens a gate off the driveway and walks through the back yard to serve a parole arrest warrant.
In which scenario would an officer's entry into a front yard likely be considered legal without a warrant?
An officer goes through an unlocked gate in a chain-link fence to talk to a suspect standing in the front yard.
Which statement best describes the reasonable expectation of privacy in a back yard compared to a front yard?
A person generally has a higher expectation of privacy in their back yard.
In which scenario would an officer's entry into a back yard likely be considered illegal without a warrant?
Officers respond to an anonymous tip and hop over a three-and-a-half-foot chain-link fence to detain a known individual.
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?
All of the above
What is the concept of 'curtilage' according to the text?
The real property that is intimately tied to the home and enjoys the same protection as the home itself
In which of the following situations can a peace officer enter a person's garage without a warrant, consent, or exigent circumstances?
None of the above
What did the court hold in the case of Hughston (2008) 168 Cal.App.4th 1062?
The tarp structure enclosing the rented Hummer was equivalent to a large camping tent and the officers' warrantless entry into the structure was unlawful
Which of the following is true regarding the Fourth Amendment protection in a garage of a condominium apartment?
It is not protected under the Fourth Amendment.
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?
The suspect had no reasonable expectation of privacy.
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?
The area was impliedly open to the public.
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?
The man was stripping copper wire from an air conditioning unit.
Under what circumstances would observations from a back yard window be considered an illegal invasion of privacy?
If there is no pathway or entrance to the residence
When would a search into a residence based on an exigency be considered legal?
If the officers saw a nonresponsive adult male and an infant playing with a plastic bag near its face through a back window
When would a viewing over or through a fence or wall not be considered a 'search'?
If the person can see over or through the fence or wall without extraordinary effort
When would looking through a small knothole in a six-foot-high wooden fence be considered a warrantless 'search'?
If the officer was told by an informant that illegal activity was occurring
This quiz tests your knowledge on the legality of entering private property and the invasion of privacy. It covers topics such as exigent circumstances, implied invitation, and the "emergency aid" exception. Challenge yourself and see how well you understand the laws surrounding these situations.
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