Question 1

If an officer has entered open fields to search,he or she

Accepted Answer

When officers enter open fields to search, they do not need a warrant, but they must still have probable cause to search and seize any items. All seizures must be based on probable cause that the items are seizable.

Question 2

Police on patrol receive a warning and description of a vehicle wanted in connection with a burglary.They observe the vehicle and begin pursuit.The suspects flee a distance and then stop the car suddenly,exit the vehicle,and flee on foot.Officers may

Accepted Answer

The suspects fled on foot and abandoned the vehicle, which can be considered as relinquishing ownership and the expectation of privacy. Therefore, the officers can search the car without a warrant.

Question 3

The Fourth Amendment protections do not apply to abandoned property.

Accepted Answer

The Fourth Amendment protects against unreasonable searches and seizures, but it only applies to property that is still considered under someone's reasonable expectation of privacy. Once property has been abandoned or discarded, the owner no longer has a reasonable expectation of privacy and the Fourth Amendment does not apply.

Question 4

A police officer pursues a suspect he believes (has a hunch)possesses drugs.The officer has neither probable cause nor reasonable suspicion to justify the pursuit.Just before the officer tackled the suspect,the suspect discarded a small bag containing drugs.In this situation:

Accepted Answer

The police officer did not have probable cause or reasonable suspicion to pursue the suspect, making his seizure of the suspect illegal. However, the suspect's abandonment of the bag containing drugs was not the result of unlawful police behavior, making the drug evidence admissible.

Question 5

A garage used in connection with a multiunit dwelling is considered to be outside the curtilage.

Accepted Answer

A garage used in connection with a multiunit dwelling is considered to be outside the curtilage, as it is not directly associated with a single-family dwelling and may be shared by multiple units in the building.

Question 6

Curtilage is created simply by enclosing any area within a sight obscuring fence.

Accepted Answer

Curtilage is not only created by enclosing an area within a sight obscuring fence. It is a legal term that refers to the area immediately surrounding a dwelling, where activities of home life occur, and where privacy is expected. It can be defined by a variety of factors, including physical boundaries, proximity to the house, and use of the area.

Question 7

A person's mere absence from premises does not establish abandonment unless other factors show that the person intended to abandon the premises.

Accepted Answer

Mere absence from premises does not establish abandonment unless there are other factors indicating that the person intended to abandon the premises.

Question 8

Law enforcement officers may make warrantless observations into constitutionally protected areas such a home or the curtilage without entering the constitutionally protected area.Which of the following is a true statement?

Accepted Answer

Warrantless observations made into constitutionally protected areas must still comply with the Fourth Amendment's requirement of reasonableness, and cannot violate the reasonable expectation of privacy of the person whose premises or activities are being observed.

Answer: B 
 Plain view observations can provide the necessary probable cause to obtain a warrant if the officer has a lawful right of access to the object observed, the object's incriminating character is immediately apparent, and the officer has a lawful right of access to the object.

Answer: C 
 Law enforcement officers can make warrantless observations from the open fields or a public vantage point, but not from the air unless it is in navigable airspace.

Answer: D 
 This statement is incorrect. Law enforcement officers can make warrantless observations from both the public vantage point and from the air, as long as it is within navigable airspace.

Question 9

?A police officer rummages through the garbage of a suspect without probable cause,without a warrant,and without reasonable suspicion.The officer finds incriminating evidence.Unless there is a state law to the contrary,the determining factor in the admissibility of the evidence will be:

Accepted Answer

The determining factor in the admissibility of the evidence would be whether the garbage was located within the curtilage of the residence. The curtilage is the area surrounding a dwelling that is considered part of the home itself for Fourth Amendment purposes. If the garbage was located within the curtilage, the search would likely be considered a violation of the suspect's Fourth Amendment rights, and the evidence would be inadmissible. However, if the garbage was located outside the curtilage, the search may be considered lawful and the evidence admissible.

Question 10

Observations made from a vantage point in the open fields or a public place do not constitute a search for Fourth Amendment purposes,therefore,evidence obtained from these observations will generally be admissible in court proceedings.

Accepted Answer

Observations made from a vantage point in the open fields or a public place do not require a warrant and are not considered a search for Fourth Amendment purposes. Therefore, any evidence obtained from these observations will generally be admissible in court proceedings.

Question 11

An officer wants to enter a certain area of a large apartment building to observe activities and seize any contraband he might happen across.A good rule of thumb for the officer is that

Accepted Answer

The officer may enter any area commonly used by visitors, businessmen, and delivery people to gain access and move about the building. This is known as the "public area" exception to the Fourth Amendment's warrant requirement. However, if the officer has probable cause to believe that contraband is present in a private area, then he may enter that area.

Question 12

If a law enforcement officer,acting lawfully,seizes objects that have been voluntarily discarded on the street,in a public park,or in some other location not protected by the Fourth Amendment,the seizure is legal under the plain view doctrine.

Accepted Answer

The scenario described does not involve the plain view doctrine, which applies when an officer is lawfully present and observes contraband or evidence in plain view. The legality of seizing discarded objects in public spaces is generally not contested under the Fourth Amendment, as there is no expectation of privacy for items discarded in public, but this is not an application of the plain view doctrine.

Question 13

Accidentally dropping an object is the same as abandoning it.

Accepted Answer

Accidentally dropping an object does not necessarily mean abandoning it. Abandoning implies intentionally leaving something behind or giving it up, whereas dropping may simply be an accident or mistake.

Question 14

Anything without a "No Trespassing" sign posted is an open field that the police may search.

Accepted Answer

The police do not have the right to search any open field without a warrant or probable cause, regardless of whether a "No Trespassing" sign is present or not.

Question 15

Which of the following is not a factor which should be considered when determining curtilage?

Accepted Answer

The type of enclosure surrounding the home is not a factor in determining curtilage. The other options are factors considered in determining curtilage, which relates to the area immediately surrounding a home that is associated with the intimate activities of the home.

Question 16

Reasonable expectation of privacy is not a consideration when determining the extent of curtilage.

Accepted Answer

Reasonable expectation of privacy is a key consideration in determining the extent of curtilage, as curtilage is defined as the area immediately surrounding a dwelling where the occupant has a reasonable expectation of privacy.

Question 17

In a multiple occupancy dwelling,which of the following would NOT normally be accessible under the open fields doctrine?

Accepted Answer

Balconies are typically considered private spaces and not open to the general public, therefore they would not fall under the open fields doctrine. The other options (hallways, elevators, and stairways) are common areas and would generally be accessible under the open fields doctrine.

Question 18

Which of the following is a true statement about the criteria used by courts to make determinations about intent to abandon property?

Accepted Answer

The presence of one factor alone, such as the length of time a property has been unattended, is not sufficient to determine intent to abandon. Courts consider several factors to determine intent, including the owner's actions, the length of absence, and the value and character of the property.

Question 19

Curtilage is usually defined by property boundary lines.

Accepted Answer

While property boundary lines may play a role in determining the curtilage, it is not always defined by them. Curtilage refers to the area immediately surrounding a dwelling that is considered part of the home for legal purposes. Factors such as proximity to the home, use of the area, and privacy expectations can also be considered when determining curtilage.

Question 20

Which of the following would not be considered an intention to abandon an object?

Accepted Answer

Placing the object in a garbage can within the curtilage may not necessarily be an intention to abandon the object. The curtilage refers to the grounds surrounding a home, which may be private property. Therefore, placing an object in a garbage can within the curtilage may be done with the intention of disposal without abandoning ownership. The other choices, including leaving the object unattended for an unreasonable period of time, leaving it unprotected in the care of no one, and discarding the object out of consciousness of guilt or fear of apprehension, may all be considered indications of an intention to abandon an object.

Quiz 12: Open Fields and Abandoned Property