PART VIII – NON-FOURTH AMENDMENT SEARCHES (suggested time 2 hours)

1. Identify the following regarding searches of abandoned property:

a. What must be shown to establish abandonment in general.

b. Acts which would likely establish abandonment of personal property, vehicles or premises.

c. The justification to search property which has been abandoned.

2. Identify the following regarding the “open field” doctrine and curtilage:

a. What a reasonable or legitimate expectation of privacy is.

b. Definitions of the following terms: “open field”, “curtilage”, “public area”, “quasi-public area”, and “private property”

c. The four factors the courts will consider when determining if a particular area is within “curtilage of a dwelling.”

d. What justification is needed to search those areas?

e. When and what law enforcement may search on public transport.

f. Circumstances in which a public area is not an “open field”

g. When an individual may lose reasonable expectation of privacy in a public place.

h. When surveillance of private property is reasonable.

3. Identify the following regarding the plain view doctrine:

a. The two elements required (justification) for a valid seizure under the Plain View Doctrine.

b. The level of certainty that the items are contraband or evidence that is required for a seizure.

c. The most appropriate action to be taken in a situation where evidence or contraband is on curtilage, in plain view of the officer, but outside the area where he/she has a legal right to be.

4. Identify the following regarding the search of protected areas by a private person:

a. The restrictions placed on a private citizen by the provisions of the Fourth Amendment.

b. The scope of a search of the same protected area by a police officer.

c. The effect of direction or encouragement of, or participation in a private search by a police officer.