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CP Lesson 7 – Plain View, Open Fields, Abandoned Property, and Special Needs Searches

CP Lesson 7 – Plain View, Open Fields, Abandoned Property, and Special Needs Searches. Plain View Plain Touch Plain Smell Open Fields Abandoned Property Regulatory Searches Special Needs. Plain View Doctrine. Three Basic Requirements: Lawfully present Immediately recognizable

JasminFlorian
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CP Lesson 7 – Plain View, Open Fields, Abandoned Property, and Special Needs Searches

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  1. CP Lesson 7 – Plain View, Open Fields, Abandoned Property, and Special Needs Searches • Plain View • Plain Touch • Plain Smell • Open Fields • Abandoned Property • Regulatory Searches • Special Needs

  2. Plain View Doctrine • Three Basic Requirements: • Lawfully present • Immediately recognizable • Plainly visible • Inadvertant - Horton v. California (1990) • Moving stuff – Arizona v. Hicks (1987) • Plain Touch and Plain Smell

  3. Open Fields Doctrine • Doesn’t have to literally be open fields • What constitutes “open field” – Oliver v. US (1984) • What is a home’s “curtilage”? • US v. Dunn (1987) • Dunn Factors • Proximity • Enclosure • Normal uses • Steps taken

  4. Abandoned Property • Lacks 4th Amendment protection • Importance of timing (Hodari) • A reasonable expectation of privacy in your trash? – California v. Greenwood (1988) • Extension – what about where it’s placed? – US v. Certain Real Property (E.D. Mich. 1989).

  5. Regulatory Searches and Inspections • What they are for… health, safety, etc. • Regulatory Searches of Homes (Camera v. Municipal Court). • Administrative Search Warrants • Regulatory Inspections of Businesses • Closely regulated businesses – NY v. Burger (1987) three prong test: • Substantial state interest • Necessary to further regulatory scheme • Statute is adequate substitute for warrant

  6. Special Needs Searches • Probationers’ and Parolees’ Homes • Conditions of the Probation/Parole • Traditionally, “reasonable grounds” • But now Samson v. California (2006). • Searches of Students – TLO v. NJ (1985) • Drug Testing –Veronia v. Acton (1995) and Board of Education v. Earls (2002) • Searches of Inmates’ Cells – Hudson v. Palmer (1984)

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