This preview has intentionally blurred parts. Sign up to view the full document

View Full Document

Unformatted Document Excerpt

1. Why can plain-view searches be called nonsearches? Identify and describe the situations when the three conditions of the plain-view doctrine apply. It is called nonsearch-realated plain view due to fact that does not involve the Fourth Amendment at all. An example is, a law enforcement officer walks down a street and oversees a resident consuming crack in his living room. The three conditions of the plain-view doctrine apply when First, the officer who sees the article must have a legal right to be where he is. Second, discovery of the article by the police must be inadvertent, not a result of prior information that would have enabled the police to obtain a warrant beforehand. Finally, the incriminating nature of the evidence must be immediately apparent, so that no additional intrusion on privacy is necessary in order to establish that fact. 2. Identify and give an example of each of the two elements that determines whether property is abandoned for Fourth Amendment purposes. the mental (intention to give up expectation of privacy and physical (giving up physical possession) 3. Does unprovoked flight + high-crime area = reasonable suspicion? Explain. Unprovoked flight + high crime area do fall under reasonable suspicion. The primary case that is used in answering this question is Illinois v. Wardlow , which was decided by the United States Supreme Court in 2000. In this case, Wardlow, who was in an area known for heavy narcotics ... View Full Document

End of Preview

Sign up now to access the rest of the document