Doctorine
What would describe an unoccupied or underdeveloped area outside the area that lies in close proximity to a dwelling?
What is an open field?
What is (the removal of a person’s clothing) is allowed in border searches but only if there is reasonable suspicion for it
What is trash on the curb considered?
what is abondoned?
This constitutional amendment's protection against unreasonable searches and seizures does not extend to open fields.
What is the fourth amendment?
From the perspective of legal searches, how else is a border defined other than as a territorial boundary?
What is places where first entry is made into a country?
What area extends the intimate activity associated with the “sanctity” of a man’s home, and the privacies of life?
What is curtilage?
For the purpose of questioning, an immigration officer may detain against an individual’s will a person who is reasonably believed to be?
What is undocumented?
The police activities that led to the abandonment must be legal or what happens?
what is evidence obtained is not admissible in court?
The open fields doctrine states that governmental intrusion upon undeveloped areas outside the curtilage does not constitute a "search" in the legal sense, because there is no reasonable ________ __ ______ in these areas.
What is expectation of privacy?
Which doctrine allows evidence seized without a warrant or probable cause to be used in court?
What is plain view doctorine?
The fourth amendment does not protect what doctorine?
What is an open field?
What Case established border searches of international mail for contraband are reasonable under the Fourth Amendment without a warrant?
What is United States v Ramsey?
What are the two basic guidelines for determining when item is abandoned?
What is
1. Where the property is left
2. The intent to abandon the property
This term refers to the area immediately surrounding a home that does receive Fourth Amendment protection, unlike open fields.
What is curtilage?
Non-citizens are entitled to what privileges once legally inside the United States?
What is constitutional protections?
it is legal for the police to enter and search unoccupied or underdeveloped areas outside the curtilage without either a warrant or probable cause, as long as the place comes under the category of “fields,” even if the police had to pass a locked gate and a “No Trespassing” sign.
What is Oliver v. United States (1984)?
Searches inside the border are protected bywhat amendment?
What is the fourth amendment?
Abondoned property is not protected by what amendment?
What is the fourth amendment?
According to the Supreme Court, "open fields" are not "effects" within the meaning of the Fourth Amendment's text.
What are "persons, houses, papers, and effects"?
What court case established that immigration officials may conduct surprise factory surveys in search of undocumented immigrants without probable cause or reasonable suspicion?
What is Immigration and Naturalization Service v. Delgado (1984)?
As long as the police are flying at an altitude at which Federal Aviation Administration (FAA) regulations allow members of the public to fly, such aerial observation is valid because in the absence of FAA prohibitions, the homeowner would have no reasonable expectation of privacy from such flights.
What is California v. Ciraolo (1986)?
What is it called when officials pay surprise visits to factories and ask employees questions to determine if they are undocumented immigrants?
What is a factory survey?
In legal terms, abandonment is an affirmative defense, meaning the burden is on the defendant to establish it by a preponderance of the evidence.
What type of defense is abandonment?
The open fields doctrine applies even if the area has these two things, intended to keep people out.
What are fences or "no trespassing" signs?
The Court has NOT yet established a legal doctrine or guidelines for which of the following?
What is plain odor?