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Exam 10: The Plain View Doctrine and Special Needs Searches

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Question 21

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A police officer intent on writing parking tickets is walking along a city street when he notices the smell of burning marijuana. He traces the smell to a curtained, street level, basement window which is partially open. The officer gets down on his knees and looks where he can see over the top of the window and he sees evidence of illicit drug activity. The officer's actions _____.

A) are lawful because he saw only what any curious passerby could see
B) are unlawful within the plain view doctrine because he invaded privacy
C) are unlawful within the plain view doctrine because he used extraordinary means
D) are lawful because no seizure immediately occurred

E) A) and B)
F) None of the above

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Question 22

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Name three mechanical aids or electrical devices that courts have ruled on for plain view searches and what, if any, limitations are placed on those devices.

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Question 23

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A police officer legally enters a place and observes what he believes to be stolen merchandise. The officer can pick the item up to more closely examine it and then make a determination as to whether the item is evidence of a crime.

Law enforcement authorities, rather than simply seizing the contraband, often make a so-called _____ delivery of the container, monitoring the container on its journey to the intended destination. Then they can identify the person dealing in the contraband when the person takes possession of and asserts control over the container.

According to Mincey v. Arizona, the warrantless search of a residence is not constitutionally permissible simply because a homicide has recently occurred there. There is no "_______________" exception.

An officer has made a lawful arrest of a suspect in the suspect's home based on a warrant for the crime of fraudulent and worthless check writing. While waiting for the arrestee to phone his wife, the officer notices an envelope lying on the kitchen table. The officer opens the envelope and discovers several checks, which the officer recognizes as forgeries. Which requirement of the plain view doctrine is not fulfilled (or has been violated) ?

If the plain view doctrine is found to apply, it will justify a warrantless seizure of an item _____.

Officers who are lawfully on premises in hot pursuit of a fleeing suspect may seize items that they have handled, moved, and manipulated to make a determination that the evidence is seizable.

An officer has made a lawful arrest of a motorist for driving while intoxicated (DWI) . The officer searches the passenger compartment of the car but finds nothing of interest. He then searches the trunk where he finds a bag of what appears to be marijuana. Which requirement of the plain view doctrine is not fulfilled (or has been violated) ?

According to the plain view doctrine, an officer must be able to tell by just looking at an item which is out in the open that the item is seizable.

The "prior valid intrusion" requirement of the plain view doctrine means that _____.

If the police lack ________ that an object in plain view is contraband without conducting some further search of the object, the plain view doctrine cannot justify its seizure.

Define what is meant by a hot pursuit and legal searches surrounding these incidents.

Law enforcement officers who are lawfully on a premise in _______ of a fleeing suspect may seize items of evidence observed open to their view.

An officer makes a Terry stop of a person and develops reasonable suspicion to believe the person may be armed and dangerous. During a pat-down, the officer feels an item, but the true nature of the item is not immediately apparent. The officer _____.

Describe searches regarding the plain view doctrine of police vehicle inventory searches in the case of South Dakota v. Opperman, 1976.

An officer responding to a radio call of a burglary in progress arrives at the scene in time to intercept a suspect fleeing with a television set in his arms. The officer arrests him and when assistance arrives the officer turns the TV over to see and record the serial number in his notebook. The officer's actions are _____.

The primary justification for the plain view doctrine is to reduce the risk of destruction of evidence and inconvenience for the police.

Discuss the reasoning of the court in United States v. Barry, 2005 regarding the warrantless search of a defendant's vehicle bases on "plain smell."

Which of the following is not a requirement of the plain view doctrine?