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CriminalProcedure2
Criminal Procedure test 2 Chapter 9
| Question | Answer |
|---|---|
| Plain View Doctrine Harris v U.S (1968) | able to seize items in plain view, all 3 requirements must be present |
| Requirements of the Plain View Doctrine | item must be seen by officer, officer must be legally present in the place from which the item is seen and officer must not do anything illegal in order to spot item, must be immediately apparent that item is subject to seizure |
| Arizona v. Hicks (1987) | immediately apparent based on p/c, not any lesser degree bullet injured man in below apt, p/o enter suspects apt, noticed stereo equipt & mask & guns, p/o recorded serial numbers of stereo, not admissible |
| Horton v. California (1990) | 4th admend. does not prohiit the warrantless siezure of evidence in plain view even thought the dicovery of the evidence was not inadverdent |
| When Plain View Applies | open spaces, motor vehicle, mechanical devices |
| Open Fields Doctrine | items in open field are not protected by the 4th admend, property can be taken by p/o without p/c |
| Areas not included in Open Fields | House (apt,hotel and motel,hospital rooms) Curtialge |
| Curtilage | grounds immediately surrounding a dwelling (residental,garages,sheds,apt houses,fenced areas), farther the building from the house more likely to be considered open field |
| US v. Dunn (1987) | suspected of manufacturing drugs on farm, p/o jumped fence used flashlight to look in barn, 50yrds from house, found drugs, argued curtilage, court disagreed |
| Oliver v. US (1984) | legal for p/o to enter and search unoccupied or underdeveloped areas outside curtilage w/o a warrant or p/c, even if they passed locked gate and no trespassing sign |
| Abandonment | giving up possesion, ownership or any reasonable expectaion of privacy 1. where the property is left, 2. intent to abandon the property |
| Abandonment of vehicles | 1. flight from vechile, 2. where and for how long left unattended, 3. contidions in whch vehicle is left, 4. denial or possesion or ownership |
| Electronic Surveillance | use of devices to montior person's acivity or whereabouts, regulated by consitiution/fed/st law, cannot conduct unless court order or consent of one of the parties involved |
| Border Searches | us v ramsey (1977) 1.searching vehicles away from the border. 2.stopping vehicles at checkpoints, 3.disassembling the gas tank 4.forced temporary detention or aliens 5.factory surveys of aliens 6.detention of canal smugglers |
| 4 factors to determine curtilage | 1.the proximity of the area to the home, 2. whether the are is in an enclosure surrounding home, 3.the nature and uses of area, 4.the steps taken to conceal the area from public view |
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