1. During a search, an officer observes, in plain view, an item not covered in the warrant. The officer believes the item to
be evidence in a separate crime other than the offense currently being investigated by police. In order to seize the item, the
officer must have _____ to believe the item is contraband or evidence of a crime.
a.
reasonable suspicion
b.
absolute certainty
c.
clear and convincing evidence
d.
probable cause
d
The Plain View Doctrine
CPCJ.FERD.16.10.1
2. Under the plain view doctrine, an officer _____.
a.
b.
c.
d.
b
The Plain View Doctrine
CPCJ.FERD.16.10.5
3. Law enforcement officers planted a tracking beeper on the clothing of an individual in order to track the individual
from one location to another. Shortly thereafter, the individual traveled home where the movements of the person within
the residence were tracked. How is this police activity most likely to be viewed by the courts?
a.
Constitutional because the U.S. Supreme Court has ruled that a tracking device does not invade a person’s
privacy.
b.
Constitutional because the tracking device was originally planted at a location other than the private residence
of the individual.
c.
Unconstitutional because the in–home movements of the individual were not generally open to visual
surveillance.
d.
Unconstitutional because tracker devices cannot be used in any context.
The Plain View Doctrine
CPCJ.FERD.16.10.4
4. Police convenience and safety are deemed reasonable justification for the plain view doctrine because _____.
a.
current jurisprudence favors law enforcement over the rights of citizens
b.
the doctrine does not allow for intrusion into privacy and thus protects citizen’s Fourth Amendment rights
c.
the Fourth Amendment probable cause requirements are met by the doctrine
d.
the burden of proof is on the police and prosecutor
b
The Plain View Doctrine
CPCJ.FERD.16.10.1
5. While searching the relevant computer files pursuant to a search warrant for the crime of distribution of child
pornography, officers find reference to a “customer ledger.” After this information is discovered, an officer observes a
notebook lying on the kitchen counter with the words “customer ledger” written on the front cover. The officers may
legally _____.
a.
seize and open the notebook immediately without obtaining a warrant.
b.
seize the notebook immediately, but will need a warrant before opening the notebook.
c.
not seize or search the notebook without obtaining a new warrant.
d.
seize the notebook, but cannot open it unless instructed to do so by a judge
The Plain View Doctrine
6. The requirements of the plain view doctrine do not include that the _____.
a.
officer, as a result of a prior valid intrusion, be in a position in which he or she has a legal right to be
b.
officer must not unreasonably intrude on any person’s reasonable expectation of privacy
c.
officer must not use any means to enhance her ability to observe
d.
The incriminating character of the object to be seized must be immediately apparent to the officer
The Plain View Doctrine
7. A police officer lawfully pats down a suspect’s outer clothing, feels an object, and the contour or mass of the
object makes its identity immediately apparent that the item is a bag of cocaine. It is true that _____.
a.
the only way the officer can seize the item is to gain the consent of the suspect
b.
the officer is legally justified to reach into the suspect’s clothing to retrieve the item
c.
the officer is not legally justified to reach into the suspect’s clothing to retrieve the item
d.
the officer can only detain the suspect and wait for a warrant to be issued
Extension of Plain View to Other Senses
8. The requirements of the plain view doctrine do not include that the _____.
a.
officer, as a result of a prior valid intrusion, must be in a position in which he or she has a legal right to be
b.
officer must not unreasonably intrude on any person’s reasonable expectation of privacy
c.
officer may develop probable cause to believe that the item is subject to seizure by handling and thoroughly
examining the item
d.
discovery of the item of evidence by the officer need not be inadvertent
Extension of Plain View to Other Senses
9. An officer makes a Terry stop of a person and develops reasonable suspicion to believe the person may be armed and
dangerous. During a pat-down, the officer feels an item, but the true nature of the item is not immediately apparent. The
officer _____.
a.
has probable cause and can detain the suspect indefinitely to wait for a warrant to be issued
b.
cannot, without further justification, retrieve the object from the person’s clothing without consent
c.
has probable cause and can detain the suspect temporarily to wait for a warrant to be issued
d.
can immediately, and without further justification, retrieve the object from the person’s pocket
b
Extension of Plain View to Other Senses
10. What is the first and primary requirement for an officer to seize evidence under the plain view doctrine?
a.
The item must be plainly visible.
b.
The observation of the item must be inadvertent.
c.
The officer must be specially trained in recognition of contraband.
d.
The officer must be lawfully present in the place where the sighting is made.
The Plain View Doctrine
CPCJ.FERD.16.10.2
11. The “prior valid intrusion” requirement of the plain view doctrine means that _____.
a.
the suspect did not intrude into anyone else’s reasonable expectation of privacy
b.
the officer did not violate the Fourth Amendment in arriving at the place from which he could perceive the
evidence
c.
the officer did not intrude into anyone’s reasonable expectation of privacy
d.
the suspect intruded into the victim’s privacy thus justifying the officer’s intrusion into the suspect’s privacy
The Plain View Doctrine
CPCJ.FERD.16.10.3
12. An officer has made a lawful arrest of a motorist for driving while intoxicated (DWI). The officer searches the
passenger compartment of the car but finds nothing of interest. He then searches the trunk where he finds a bag of what
appears to be marijuana. Which requirement of the plain view doctrine is not fulfilled (or has been violated)?
a.
prior valid intrusion
b.
incriminating nature immediately apparent
c.
probable cause item subject to seizure
d.
inadvertent discovery
The Plain View Doctrine
13. An officer has made a lawful arrest of a suspect in the suspect’s home based on a warrant for the crime of fraudulent
and worthless check writing. While waiting for the arrestee to phone his wife, the officer notices an envelope lying on the
kitchen table. The officer opens the envelope and discovers several checks, which the officer recognizes as forgeries.
Which requirement of the plain view doctrine is not fulfilled (or has been violated)?
a.
prior valid intrusion
b.
inadvertent discovery
c.
probable cause item subject to seizure
d.
no unreasonable intrusion on privacy
d
The Plain View Doctrine
14. Law enforcement agents of the Drug Enforcement Agency flying over a large forest observe a cultivated patch in the
forest. Suspecting that it is a marijuana field, they land and approach on foot where they verify that it is marijuana and
arrest a person working in the field. Their observations from the plane _____.
a.
do not violate the Fourth Amendment because they had a right to fly there
b.
do not fall within plain view because the nature of the plants was not immediately apparent
c.
fall within plain view because they did not seize the marijuana until after making an arrest
d.
do not fall within plain view because they invaded the suspect’s privacy
Extension of Plain View to Other Senses
CPCJ.FERD.16.10.3
15. If the plain view doctrine is found to apply, it will justify a warrantless seizure of an item _____.
a.
unless it is a situation where there is a strong preference for a warrant
b.
regardless of whether the officer had a right to be at the location
c.
unless there was an intrusion into that individual’s possessory interest
d.
regardless of any apparent intrusion into that individual’s possessory interest
d
The Plain View Doctrine
16. An officer’s use of a pair of binoculars to develop probable cause for plain view searches and seizures is conceptually
distinct from an officer’s use of a flashlight for the same purpose. This is because _____.
a.
there are no conceptual distinction between binoculars and flashlights
b.
binoculars allow people to observe what could not be observed without their use
c.
flashlights require batteries to become operational
d.
binoculars allow areas to be viewed that may not otherwise have been viewable without an impermissible
intrusion
Extension of Plain View to Other Senses
CPCJ.FERD.16.10.4
17. An officer has made a lawful arrest for fraudulent checks at the arrestee’s residence. During a valid protective sweep
the officer opens a door in the hallway next to the exit and observes a marijuana plant, grow-light, and plant food in the
closet. The officer may _____.
a.
not seize the items under the plain view doctrine
b.
seize the items under the plain view doctrine
c.
seize the items but only when the suspect is brought within reach of the closet
d.
not seize the items since a protective sweep is for people only
b
Extension of Plain View to Other Senses
CPCJ.FERD.16.10.3
18. Officers executing a lawful search warrant for stolen guns discover contraband fireworks in the suspect’s gun cabinet
while searching for the guns. The officers _____.
a.
may not seize the fireworks since they are not on the warrant
b.
may seize the fireworks under the plain view doctrine because the officers have a right to be where they are at
the time
c.
may not seize the fireworks under plain view because the officers have no right to invade the privacy of the
cabinet
d.
may seize the fireworks under plain view doctrine because the fireworks are dangerous to the public
b
The Plain View Doctrine
19. Officers executing a lawful search warrant for stolen guns have located all the weapons listed in the search
warrant. An officer is admiring the suspect’s beer mug collection and takes down a mug from a shelf and
discovers marijuana inside it. The officer should _____.
a.
replace the marijuana and go get another warrant
b.
justify the seizure of the marijuana as plain view
c.
call the judge to amend the warrant
d.
realize that the marijuana is inadmissible under the plain view doctrine
d
The Plain View Doctrine
CPCJ.FERD.16.10.3
20. Which of the following is a true statement about the use of a thermal imaging device to detect invisible infrared
radiation emanating from a home?
a.
The Court found the use of the device did not violate an expectation of privacy.
b.
The Court found the use of the device to be constitutional.
c.
The court found use of the device to be unconstitutional because the device is not in general public use.
d.
Use of the device constitutes a seizure (of the information), but not a search.
Extension of Plain View to Other Senses
CPCJ.FERD.16.10.4
21. A commercial airline has called the police to report that they opened some unmarked, lost luggage to determine the
owner and inside it they discovered a small amount of what appears to be cocaine hidden amongst the underwear. The
police arrive to find that the luggage is in the manager’s office but the luggage is now closed. To have a lawful seizure,
the officers _____.
a.
must get a warrant to open it again
b.
must have a trained dog react to the luggage to reopen it
c.
must have the manager reopen it
d.
may immediately open the luggage themselves
d
The Plain View Doctrine
CPCJ.FERD.16.10.3
22. Law enforcement authorities, rather than simply seizing the contraband, often make a so-called _____ delivery of the
container, monitoring the container on its journey to the intended destination. Then they can identify the person dealing in
the contraband when the person takes possession of and asserts control over the container.
a.
commercial
b.
government
c.
controlled
d.
monitored
The Plain View Doctrine
CPCJ.FERD.16.10.4
23. Following a murder, the police conduct an extensive four-day search for evidence at the scene (the murder victim’s
apartment). The apartment is also occupied by other people. There was no emergency beyond the murder, and all
occupants were safe. Police discover evidence of the crime. Given this scenario, select the most appropriate statement.
a.
The evidence is inadmissible since the officers should have gotten a warrant.
b.
The officers may, without more, seize the items under plain view.
c.
The officers may assume that the victim would consent to a search of the entire premises.
d.
The officers may, without more, seize the items as incident to an arrest they hope to make.
Extension of Plain View to Other Senses
CPCJ.FERD.16.10.1
24. A police officer intent on writing parking tickets is walking along a city street when he notices the smell of burning
marijuana. He traces the smell to a curtained, street level, basement window which is partially open. The officer gets
down on his knees and looks where he can see over the top of the window and he sees evidence of illicit drug activity. The
officer’s actions _____.
a.
are lawful because he saw only what any curious passerby could see
b.
are unlawful within the plain view doctrine because he invaded privacy
c.
are unlawful within the plain view doctrine because he used extraordinary means
d.
are lawful because no seizure immediately occurred
Extension of Plain View to Other Senses
CPCJ.FERD.16.10.3
25. An officer stationed himself in a hidden location about fifty yards from a suspect’s house and, with the aid of
binoculars, watched the activities of the suspect, a known liquor law violator. The officer observed the defendant place
two large cardboard boxes containing bottles of untaxed whiskey into his car. The officer’s information _____.
a.
was lawfully gathered because any aural or visual enhancement is allowed
b.
was not lawfully gathered because he could not see the items without the sight enhancement
c.
was lawfully gathered because the suspect’s reasonable expectation of privacy was not invaded
d.
was not lawfully gathered because any aural or visual enhancement is not allowed
The Plain View Doctrine
26. Police officers were stationed on a hill 300 yards from the rear of the suspect’s eighth floor apartment. With a
telescope the officers could observe through the partially closed drapes at the rear that the suspect was engaged in an
illegal activity. The officers’ information _____.
a.
was lawfully gathered because any aural or visual enhancement is allowed
b.
was not lawfully gathered because they could not have seen the activity without some visual enhancement
c.
was lawfully gathered because the suspect did not completely close the drapes
d.
was not lawfully gathered because the suspect’s reasonable expectation of privacy was violated
The Plain View Doctrine
27. Police investigating a shooting lawfully entered the suspect’s apartment to search for the shooter, for other victims and
for weapons. One officer noticed stereo components and, suspecting they were stolen, moved the equipment to read and
record serial numbers. The officer’s actions are _____.
a.
lawful under plain view because there was no search
b.
lawful under plain view because there was no search or seizure
c.
unlawful under plain view because there was a search
d.
unlawful under plain view because there was a seizure
The Plain View Doctrine
28. An officer responding to a radio call of a burglary in progress arrives at the scene in time to intercept a suspect fleeing
with a television set in his arms. The officer arrests him and when assistance arrives the officer turns the TV over to see
and record the serial number in his notebook. The officer’s actions are _____.
a.
unlawful under plain view because there was a search
b.
lawful under plain view because the officer had already lawfully seized the TV
c.
unlawful under plain view because the seizure preceded the search
d.
lawful under plain view because the actions do not amount to a search
The Plain View Doctrine
29. Which of the following is not a requirement of the plain view doctrine?
a.
The officer must be in a position in which he or she has a legal right to be.
b.
The officer must not unreasonably intrude on any person’s reasonable expectation of privacy.
c.
The discovery of the item by the officer must be inadvertent.
d.
The incriminating character of the item must be immediately apparent to the officer.
ANSWER:
REFERENCES:
The Plain View Doctrine
LEARNING OBJECTIVES:
CPCJ.FERD.16.10.2
KEYWORDS:
30. The fundamental case that established the basic rationale of the plain view doctrine is _____.
a.
Harris v. United States
b.
Texas v. Brown
c.
Arizona v. Hicks
d.
Horton v. California
ANSWER:
REFERENCES:
The Plain View Doctrine
LEARNING OBJECTIVES:
CPCJ.FERD.16.10.1
KEYWORDS:
31. The prior valid intrusion requirement means that the officer must have lawfully arrived at the place from which (s)he
perceived the item to be seized.
a.
True
b.
False
ANSWER:
True
REFERENCES:
The Plain View Doctrine
LEARNING OBJECTIVES:
CPCJ.FERD.16.10.2
KEYWORDS:
32. A federal officer with an arrest warrant goes to a suspect’s home. Having encountered this suspect previously, the
officer knows that there will probably be controlled substances and related items lying around the apartment. Seizure of
any such items as evidence would be unlawful under plain view because of the inadvertent discovery requirement.
a.
True
b.
False
ANSWER:
False
REFERENCES:
The Plain View Doctrine
LEARNING OBJECTIVES:
CPCJ.FERD.16.10.6
KEYWORDS:
33. The primary justification for the plain view doctrine is to reduce the risk of destruction of evidence and inconvenience
for the police.
a.
True
b.
False
ANSWER:
True
REFERENCES:
The Plain View Doctrine
LEARNING OBJECTIVES:
CPCJ.FERD.16.10.1
KEYWORDS:
34. Once a container has been found to a certainty (through legal means) to contain illicit drugs, the contraband becomes
like objects physically within the plain view of the police, and the claim to privacy is lost.
a.
True
b.
False
True
The Plain View Doctrine
CPCJ.FERD.16.10.5
35. Officers who are lawfully on premises in hot pursuit of a fleeing suspect may seize items that they have handled,
moved, and manipulated to make a determination that the evidence is seizable.
a.
True
b.
False
False
The Plain View Doctrine
CPCJ.FERD.16.10.3
36. Under the plain view doctrine, an officer viewing illegal drugs on a coffee table while executing an arrest warrant may
seize the drugs.
a.
True
b.
False
True
The Plain View Doctrine
CPCJ.FERD.16.10.2
37. If a police officer lawfully pats down a suspect’s outer clothing and feels an object and the contour or mass of the
object makes its identity immediately apparent, there has been no invasion of the suspect’s privacy beyond that already
authorized by the officer’s search for weapons.
a.
True
b.
False
True
The Plain View Doctrine
CPCJ.FERD.16.10.7
38. A police officer legally enters a place and observes what he believes to be stolen merchandise. The officer can pick the
item up to more closely examine it and then make a determination as to whether the item is evidence of a crime.
a.
True
b.
False
False
The Plain View Doctrine
39. According to the plain view doctrine, an officer must be able to tell by just looking at an item which is out in the open
that the item is seizable.
a.
True
b.
False
True
The Plain View Doctrine
CPCJ.FERD.16.10.2
40. The plain view rule applies only to those things which can be seen without any mechanical or electrical aids to assist
in observing items of evidence.
a.
True
b.
False
False
Extension of Plain View to Other Senses
CPCJ.FERD.16.10.4
41. If the police lack ________ that an object in plain view is contraband without conducting some further search of the
object, the plain view doctrine cannot justify its seizure.
probable cause
CPCJ.FERD.16.10.2
42. According to Mincey v. Arizona, the warrantless search of a residence is not constitutionally permissible simply
because a homicide has recently occurred there. There is no “_______________” exception.
CPCJ.FERD.16.10.2
43. It is important to remember that the Fourth Amendment does not prohibit searches and seizures, only _________
searches and seizures.
unreasonable
The Plain View Doctrine
CPCJ.FERD.16.10.1
44. Law enforcement authorities, rather than simply seizing contraband, often make a so–called _________ delivery of the
container, monitoring the container on its journey to the intended destination.
The Plain View Doctrine
CPCJ.FERD.16.10.4
45. The ___________ is grounded on the proposition that once police officers are lawfully in a position to observe an item
first-hand, the owner’s privacy interest in that item is lost.
plain view doctrine
46. Law enforcement officers who are lawfully on a premise in _______ of a fleeing suspect may seize items of evidence
observed open to their view.
47. If the contents of a container can be inferred from its outward appearance, distinctive configuration, transparency or
other characteristic, the container may be ____________________ by law enforcement officers. If the officer has
probable cause to believe items in the container constitute illegal contraband, the officer may seize the container along
with these items.
48. Although the plain view doctrine does not allow a law enforcement officer to conduct a further search of an object to
determine its incriminating nature, it has been established that an officer may use ____________________ or
____________________ aids to assist in observing items of evidence.
49. The plain view doctrine is justified on the basis of police _____________________ and ____________________.
50. Minnesota v. Dickerson, 508 U.S. 366 (1993), applied the principles of the plain view doctrine to a situation in which
a law enforcement officer discovered contraband through the sense of touch during an otherwise lawful search. This is
sometimes called the plain ____________________________ doctrine.
51. Briefly describe the plain view doctrine.
52. Describe the plain touch or plain feel doctrine.
The Plain View Doctrine
53. What is meant by a controlled delivery and why is it used?
The Plain View Doctrine
54. Name the three requirements that officers must satisfy in order to justify a seizure of evidence under the plain view
doctrine.
Answers will vary.
CPCJ.FERD.16.10.1
55. Name three mechanical aids or electrical devices that courts have ruled on for plain view searches and what, if any,
limitations are placed on those devices.
56. Discuss the reasoning of the court in United States v. Barry, 2005 regarding the warrantless search of a defendant’s
vehicle bases on “plain smell.”
Extension of Plain View to Other Senses
57. Explain the distinction between a plain view observation and a search.
58. Define what is meant by a hot pursuit and legal searches surrounding these incidents.
Answers will vary.
CPCJ.FERD.16.10.1
59. Describe the findings of United States v. Gillenwaters regarding the plain view doctrine when police respond to
certain emergencies.
60. Describe searches regarding the plain view doctrine of police vehicle inventory searches in the case of South Dakota v.
Opperman, 1976.