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
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