Column 1
What are the 3 exceptions for the location of privacy?
Abandoned property, plain view, and open-fields
What is Abandoned property?
personal property that was left by the owner who intentionally loses all rights to its control
If a cop sees someone hiding drugs in a backyard, are they allowed to search it:
Yes
What is considered incident to lawful arrest?
a legal principle that allows police to search a person and their immediate area without a warrant
A written order issued by a judge and signed by a police officer where the search will take place and what is expected to be found in the search is a?
Search Warrant\
What is an example of Abandoned property?
if you leave a toy at a park
What are the expectations for a warrant requirement?
Stop and Frisk and Incident to a lawful arrest
What are the legal limits of incident to a lawful arrest?
Police can search the arrestee's person, including their pockets and clothing.
Police can search the area within the arrestee's reach, such as areas where they could grab a weapon or evidence.
Police can search the passenger compartment of the vehicle, but can search the entire vehicle if they have probable cause or a warrant.
Police can search areas within the arrestee's immediate control, such as areas where they could reach for a weapon or evidence.
What is Plain view?
a place that is easily seen
If you have incriminating evidence in your bag and leave it behind in a public place, can the police confiscate it and use it against you?
yes
What is considered stop and frisk
A stop and frisk is a legal practice where police temporarily detain someone for questioning and then pat down their outer clothing for weapons or other illegal items:
Is this considered an incident to an arrest police officers do not have probable cause and choose to arrest you due to race
no
What is considered a Plain view?
a cop sees guns or drugs in the passenger seat of a car
What is an Open field?
any unoccupied or undeveloped area outside the curtilage
What are the legal limits of stop and frisk-
Must have reasonable suspicion, outter wear only, consent and follow the fourth amendment
If a cop sees you growing marijuana in your yard are they allowed to search it if they see it without entering your property?
Yes
What is an example of an open field?
pastures, wooded areas, open water, and vacant lots
Is this considered stop and frisk an officer pulls you over in your car as he approaches you he had reasonable suspicion so he temporarily detains you he notices a weapon in your right pocket and starts patting you down.
yes