Question
1) Officer Fife searches the Barn and finds Marijuana 2) Officer Fife searches the Garage and finds names and numbers of all the drug runners
1) Officer Fife searches the Barn and finds Marijuana
2) Officer Fife searches the Garage and finds names and numbers of all the drug runners working with Denny
3) Officer Fife pulls a cover off the car parked in the driveway and confirms the plates match that described in the drug scheme
4) Officer Fife searches the trash located at the curb and discovers items used to grow the illegal marijuana farm
5) Officer Fife pulls over the motor home for a routine traffic stop and searches the interior. He locates small packages of marijuana for sale.
6) Officer Fife searches the public restroom after Denny exits and finds a drop point under the toilet used to transfer money and drugs.
7) Officer Fife learns that Denny is using a tent in the field behind his house to package his marijuana for sale. Officer Fife conducts a search of the tent.
8) Officer Fife rents a plane and flies over Denny's house. He discovers a marijuana crop growing in Denny's backyard.
9) Officer Fife conducts a search of the Open Field near Denny's house and discovers another marijuana crop.
10) Officer Fife enters Denny's house through an open door and conducts a search. He discovers large sums of cash stashed under the couch.
11) Officer Fife asks the Hotel manager to let him into the room where Denny was staying to conduct a search while he was away. Officer Fife locates sales receipts for illegal marijuana sales.
- Not legal because although the barn is within the curtilage of the dwelling it is still located in an enclosure area. Open fields can be entered, but structures such as barns cannot be intruded.
- Not legal because the garage is part of the curtilage of the dwelling, and it is an area where there should be a reasonable expectation of privacy.
- Not legal because the vehicle is located on private property, and it does not justify a warrantless search because it is located within the surrounding of the dwelling
- Legal because the Fourth Amendment does not prohibit search and seizure of garbage left outside only if there is an expectation of privacy as well as depending on how close the trash is to the house.
- Not legal a vehicle cannot be pulled over as a routine traffic stop with the intention of searching the vehicle without a warrant unless probable cause exists about an illegal item or contraband
- Legal because the restroom is in a public place, meaning that anyone could've found it, and it can be considered abandoned property
- Not legal because the tent is permitted, and does not violate any trespassing laws if someone is trespassing on the property a warrantless search is okay
- Legal because aerial surveillance or the curtilage does not violate an individual's right to privacy.
- Legal because it is located on an open field which is not one of the areas protected under the Fourth Amendment
- Not legal because the Fourth Amendment applies to unreasonable search and seizure of homes. It can only be searched without a warrant if consent is given
- Not legal because clerks at hotels do not have the authority to waive an individual's constitutional rights of protection under the Fourth Amendment
provide feedback and offer a suggestion or idea for addressing their decision
1. No, if the barn belongs to Denny officer Fife is not correct. He would need a search warrant to search the barn for contraband.
2. No, officer Fife is not correct because he would need a search warrant to search Denny's garage.
3. No, officer Fife is not correct because in order to search Denny's car he would first need to obtain a search warrant on the parked and covered car.
4. Yes, officer Fife is correct. Since Denny has already thrown out the garbage he cannot expect privacy in this area.
5. Yes, he is correct. Since the motor home was pulled over during a traffic stop he was able to search the vehicle.
6. Yes, officer Fife is correct, since he is in a public place such as a restroom, Denny can not expect any privacy.
7. No, the officer is not correct. Since that is Denny's property he would need a search warrant. Otherwise he is infringing his 4th amendment.
8. Yes, the officer is correct, denny cannot expect privacy from an aircraft flying over his home. There is no official search therefore the officer does not need a warrant.
9. Yes, officer Fife is correct. Denny can not expect privacy in an open field. Since the field does not belong to him, it id not his property therefore no warrant is needed.
10. No, he is not correct. Denny can expect privacy in his owm home. Since the officer does not have search warrants he is violating Denny's first amendment.
11. The officer is not correct. Since Denny is paying for his room he can expect privacy, the worker should have not let him in without a warrant.
provide feedback and offer a suggestion or idea for addressing their decision.
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