Court Cases
Which case addresses the extent of curtilage under the Fourth Amendment?
What is United States v. Dunn?
How long after an officer notices a seziable item should it be seized?
Automatically
What type of officer may detain an individual if they are believed to be undocumented?
Immigration officer.
What is the definition of abandonment?
Giving up of a thing or item absolutely, without
limitation as to any particular person or purpose.
If an area of a household is fenced it is included in what?
Curtilage
Which court case states that the Fourth Amendment does not prohibit the warrantless seizure of evidence in plain view?
What is Horton v. California?
What does an officer need before entering to seize an item?
A warrant
Which amendment relates to protections but does not apply at immigration borders/points of entry?
Fourth Amendment
Which amendment relates to abandoned property but does not protect it?
Fourth Amendment
As far as legal searches, what else is a border defined besides a terretorial boundary?
Place of first entry into the country
Which court case allows law enforcement to conduct searches of open fields without a warrant?
What is Hester v. United States?
1) The officer must have gained awareness of the item solely by
sighting it
2) The officer must be in that physical position legally
3) It must be immediately apparent that it is an item able to be seized.
What is required for a strip search at the border?
Reasonable suspicion.
Two basic guidelines for determining abandoned property
1. Where the property is left
2. The intent to abandon the property
Denying ownership of a purse confiscated by the police is considered what?
Abandonment
Which court case relates to the open fields doctrine limiting the Fourth Amendment?
What is Oliver v. United States?
What does the open view apply to?
When the officer is in an open space but sees an item in an enclosed area.
Who can stop vehicles near the border at fixed checkpoints to question the occupants?
Border officials
What must be legal for of the evidence obtained for it to be admitted in court?
Non-citizens are entitled to what privileges once legally inside the United States?
Constitutional protections
Which court case discusses the legality of searched by customs at the border?
What is United States v. Ramsey
What is the plain touch doctrine?
If an officer feels an item that is immediately identifiable as seizable when knowledge amounts to probable cause.
What is a factory search?
Officials pay surprise visits to factories and ask the employees questions to determine if they are undocumented.
How do you know if trash at a household is considered abandoned?
Where it is located on the property. (Left to be picked up on the curb would be abandoned.)
What court case established that immigration officials may conduct surprise factory surveys in search of undocumented immigrants without probable cause or reasonable suspicion?
Immigration and Naturalization Service v. Delgado (1984)