Non_4th_amnd_searches

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Author:
Hanz
ID:
32024
Filename:
Non_4th_amnd_searches
Updated:
2010-08-31 14:19:37
Tags:
MSTA
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Description:
MSTA
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  1. What must be shown to establish abandonment
    Show a reasonable belief that ownership of the property has been relinquished
  2. Acts that show abandonment of personal property
    • Dropped or thrown away
    • In the trash
    • Owner denies ownership
  3. The justification to search property which has been abandoned
    no constitutional protection exists for items that can be seen or used by public
  4. what is the expectation of privacy concerning open field and curtilage
    • open field- no expectation of privacy
    • curtilage- expectation of privacy
  5. open field-
    entry and search is permited for any unoccupied or undeveloped are which lies outside the curtilage of a dwelling
  6. curtilage-
    the grounds and buildings immediatly surrounding a house or other living space which are commonly used for family and/or home-life activities
  7. public area-
    an area where the public has unrestricted acess and not in a curtilage
  8. quasi-public area-
    area that is normaly part of the curtilage but is freely accessible to members of the public
  9. private property-
    real property which is acessable to one or a group of indeviduals and there is some vested right of posession
  10. 4 factors to determin if an area is within curtilage
    • distance from the home
    • within a fence that surrounds a house
    • the uses to which the area is put
    • steps taken to prevent public observation
  11. what justification is needed to search within curtilage, open field, public area, quasi-public area, and private property
    • curtilage-you will need P/C
    • open field- no expectation of privacy
    • public area- "
    • quasi-public area- "
    • private property-not in curtilage still treated as open field if there is a legitimate investigative purpose
  12. when and what L/E agency may search on public transport
    • L/E officers may board busses to conduct cursory investigation of loaded buses for drugs
    • drug dogs may be brought on to the bus as well
  13. what circumstances in which a public area is not an "open field"
    public place may give occupants a reasonable expectation of privacy (bathroom stalls, phone booth)
  14. when may the reasonable expectation of privacy in a public place no longer protect the occupant
    if it is not being used for the intended purpose
  15. when is surveillance of private property is reasonable
    • officers are not on the curtilage
    • can used common aids (binoculars)
    • as long as it dosn't invade the suspect's reasonable expectation of privacy
  16. 3 elements required for valid seizure under plain view
    • officer must be lawfully present
    • item must be immediatly recognizable as evidence or contraband
    • officer must have legal access to the area to seize it
  17. level of certainity that the item is evidence or contraband for plain view siezure
    P/C to believe it is evidence or contraband
  18. proper action when contraband is within the curtilage but in plain view
    he should impound the property and seek a search warrant
  19. the 4th amnd restrictions placed on private citizens
    there are no restrictions and the evidence is admisable
  20. t/f private citizen searches can be encouraged by L/E
    false
  21. limitations to a police search based on information provided from a private citizen search
    cannot excede the scope of the origional private citizen search

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