Review 2 - CRIJ 4340-Constitutional Law Review for Test II...

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CRIJ 4340-Constitutional Law Review for Test II Chapters 4-6 1. When is something considered in “open view?” Why are police observations of matters in open view not considered searches?- curtail 2. Do any of the following police investigative activities involve searches within the meaning of the Fourth Amendment? Explain why or why not. a. Looking inside the passenger compartment of a car, parked on a public street, without opening the door. No b. Shining a flashlight to illuminate the interior of the automobile so the officer can see better. No c. Getting on the ground, looking underneath the automobile, and inspecting the tires. No d. Walking a narcotics detection dog around an automobile to sniff for illegal drugs. No, smell rule e. Opening the automobile door and looking inside the glove compartment. Yes, invading privacy needs probable cause f. Squeezing soft luggage to determine the contents. Yes, violation of 4 th amendment 3. There are four exceptions to the warrant requirement that permit full searches. Identify them. 1. consent 2. search incident to a custodial arrest 3. exigent circumstances 4. motor vehicle exception 4. Indicate whether the following police actions involve a seizure and explain why or why not. a. Taking objects from a garbage can that has been placed on the curb for collection. Not a seizure b. Removing checked luggage from an airport baggage cart, subjecting it to a canine examination, and putting it back in time to be placed on the intended flight. Not a seizure, meaningful interference on the person’s property. The luggage was not in the owner’s possession. 5. What three conditions are necessary to seize criminal evidence without a search warrant under the plain view doctrine? 1. lawful reason for the officer to be present at the discovery area 2. probable cause to belief that the object is being used for illegal activities 3. lawful right or access to the evidence 6. Suppose that police, while executing a search warrant to search for drugs, find a spiral notebook, open it, and read the contents. The notebook contains records of recent sales. May the police seize it under the plain view doctrine? No because he manipulated the object by opening the notebook. 7. What three things must an officer’s affidavit establish in order to support a finding of probable cause for the issuance of a search warrant?
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This note was uploaded on 07/24/2011 for the course CJ 4340 taught by Professor Guerra during the Spring '11 term at TAMU Intl..

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Review 2 - CRIJ 4340-Constitutional Law Review for Test II...

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