Plain View Doctrine
Why is plain view not considered a search under the Fourth Amendment?
the officer is not searching—only seizing what is already visible
What separates open fields from protected areas
Open fields are not protected by the Fourth Amendment
Are abandoned items protected by the Fourth Amendment
No
Do full Fourth Amendment protections apply at the border
No
What is the difference between a “search” and a “seizure” under the Fourth Amendment
A search involves examining a person or area for evidence, a seizure involves taking possession of property or restraining a person’s freedom
Name one situation where plain view applies
During an arrest, hot pursuit, patrol, car inventory, consent entry, or search incident to arrest
What term describes the area immediately surrounding a home that receives protection
Curtilage
What are the two guidelines for determining abandonment
(1) Where the property is left, (2) Intent to abandon
What 1977 case affirmed broad border search authority
United States v. Ramsey
What is the purpose of the “reasonable expectation of privacy” standard
To determine when the Fourth Amendment applies by assessing whether society recognizes an area or item as private
What are the three requirements for a valid plain view seizure
(1) Awareness gained solely by sight, (2) Officer is legally present, (3) Item is immediately recognizable as seizable
Name two factors used to determine curtilage
(1) Proximity to home, (2) Whether it’s enclosed, (3) Nature/uses of the area, (4) Steps to shield from view.
Is trash left on the curb considered abandoned
Yes
When is a strip search allowed at the border
When officers have reasonable suspicion
Under which circumstances can officers perform an inventory search of a vehicle
When a vehicle is lawfully impounded and the inventory is done according to standard police procedures.
What case ruled that inadvertence is not required
Horton v. California (1990)
What case allowed warrantless entry into fields past locked gates and “No Trespassing” signs
Oliver v. United States (1984)
Why must police activity leading to abandonment be legal
illegally-created abandonment cannot be used as evidence
What is an extended border search
A search away from the actual border
What is a “checkpoint”
fixed location where officers stop vehicles to question occupants
What is the difference between plain view and open view
Plain view is when an officer is inside a protected area; open view is when the officer is outside (like on a sidewalk) looking into an enclosed space
According to California v. Ciraolo, when is aerial surveillance legal
When officers fly at a lawful FAA altitude where the public may legally fly
Give an example of abandoned property
A suspect drops a bag while fleeing
What is a factory survey
Surprise visits to workplaces where immigration officers question employees to identify undocumented workers
What distinguishes a “consent search” from other types of searches
Consent searches require no warrant or probable cause as long as the consent is voluntary and given by someone with authority