Plain View

Question 1

Plain view doctrine means that if an officer is ______ then can seize without a warrant

Answer 1

• in place legally permitted to be
• sees something PC to be evidence
• in place which he can legally gain control over item

Question 2

Plain view hypo: police see weed in a window

Answer 2

can’t seize because not legally allowed to enter house w/o warrant

Question 3

Plain view hypo: police in apartment for emergency aid situation and see drugs

Answer 3

can seize without warrant

Question 4

Arizona v. Hicks requires that the object be seizable upon its face meaning ____

Answer 4

apparent item is contraband or evidence of a crime (heroin but not unknown tapes)

Question 5

Horton holds that it is OK for police to ___

Answer 5

hope or anticipate to find additional items in plain view while conducting lawful search

Question 6

Class facts

Answer 6

pulled over for driving violations and when moved papers to find VIN saw a gun

Question 7

Class outcome

Answer 7

allowed to seize gun because in plain view

Question 8

Why was police officer allowed to move papers to see VIN in Class?

Answer 8

no reasonable expectation of privacy, VIN required by federal law to be in plain view of someone outside car

Question 9

Circular reasoning in Class?

Answer 9

Govt can regulate privacy away because pervasive regulation of cars can defeat privacy interests?

Question 10

Hicks facts

Answer 10

exigency to go into apartment where shot came from, notice expensive stereo equipment out of place, move equipment to see serial number

Question 11

Hicks outcome

Answer 11

moving the equipment was a search since nothing immediately incriminating without serial number

Question 12

Hicks O’Connor dissent

Answer 12

moving equipment a few inches was permissible cursory inspection

Question 13

Hicks outcome likely because ___

Answer 13

minimal intrusions different character in a home

Question 14

Horton rejects ___

Answer 14

inadvertence requirement

Question 15

Hicks wouldn’t have been a search if ___

Answer 15

serial numbers visible and recorded outside on equipment

Question 16

Inadvertence isn’t required under Horton because __

Answer 16

scope of search already limited by warrant or exigency

Question 17

Caroll-Chambers auto exception =

Answer 17

search of a car can be based solely on PC car contains evidence and doesn’t require a warrant

Question 18

Under Carney, the auto exception ____

Answer 18

applies to mobile homes (on wheels and could be easily driven away)

Question 19

Auto exception originally grounded in ___ but now justified by ___

Answer 19

exigency, regulation and lower privacy expectation in cars

Question 20

Chambers held that the search was valid because ___

Answer 20

exigency when car pulled over (PC evidence) and reasonable to move car to police station (search on road may have been dangerous)

Question 21

Formerly courts held in ____ that the automobile exception didn’t apply to ___

Answer 21

Chadwick/Sanders, footlockers and suitcases

Question 22

Acevedo facts

Answer 22

police suspect weed in apartment and see leave apt and drive off, stop car, search trunk and bag without warrant

Question 23

Acevedo rule

Answer 23

If police have PC can search ANY part of car where evidence may be (including containers)

Question 24

However, under Acevedo if police have PC to believe container in car contains contraband that does not allow ___

Answer 24

warrantless search of whole car (can search for container and then search container once found but can’t keep searching if no reason to believe contraband hidden anywhere else in the car)

Question 25

One potential exception to Acevedo would be a search ___

Answer 25

of a car after it is in custody (plenty of time to get warrant)

Question 26

Carney may have come out differently if ___

Answer 26

mobile home on blocks/harder to move

Question 27

Houghton is about ____

Answer 27

purse on backseat of car everyone ordered out of because syringe in driver's pocket

Question 28

Houghton rule says that while searching a car the police can search ___

Answer 28

passenger belongings found in car if PC car contains contraband and belongings capable of concealing object of the search

Question 29

Houghton doesn't allow police to search ___

Answer 29

person of passenger without separate PC (jacket more protected if wearing than if left in car)

Question 30

Scalia majority in Houghton creates a balancing test of ___

Answer 30

degree to which intrudes on individual privacy vs. needed for legit govt interests

Question 31

Important car case about arresting occupants

Answer 31

Pringle

Question 32

Ybarra facts

Answer 32

warrant to search bar and bartender for drugs but also searched bar customers

Question 33

Ybarra outcome

Answer 33

search warrant didn't permit searches of all patrons in bar without individual suspicion

Question 34

Police have PC to believe defendants driving to sell assault weapons. Find green duffel bag in trunk, contains assault rifle

Answer 34

Yes, can search car including bag and arrest occupants

Question 35

If police have PC to search duffel bag can they search rest of car?

Answer 35

Not if taxi, maybe if owns car

Question 36

If informant says defendants selling unknown weapons in green duffel bag where can police search in car?

Answer 36

Probably glove compartments, since don't know how big weapons

Question 37

What if PC to believe defendant in possession of very big screens, where can search in car?

Answer 37

only search car if screen can fit or places where screen can fit (no glove compartment search)