Download Criminal Procedure: Examples & Explanations (3rd Edition) by Robert M. Bloom, Mark S. Brodin PDF

By Robert M. Bloom, Mark S. Brodin

A favourite between legislation scholars and professors alike, the Examples & motives sequence is perfect for learning, reviewing and trying out your realizing via program of hypothetical examples. Authored by way of major professors with wide lecture room event, Examples & reasons titles supply hypothetical questions within the topic sector, complemented by way of unique factors that let you try out your wisdom of the subject, and examine your personal research.

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Additional info for Criminal Procedure: Examples & Explanations (3rd Edition)

Sample text

The question raised here, however, is whether that expectation extends to the lock itself. Several courts have concluded that the insertion of a key into a lock for the lim42 When Does the Fourth Amendment Apply? 2 ited purpose of identifying the lock's owner does not constitute a search. See United States v. 2d 210, 213 (1st Cir. "); United States v. 1984);Peoplev. App. 2d 134 (1973). At least one court has concluded otherwise. See United States v. 2d 844 (9th Cir. 1975) (insertion of key into car door for purpose of ascertaining ownership constitutes a search).

1980) (holding that unenhanced visual obser38 When Does the Fourth Amendment Apply? 2 vations made by police from an apartment across the street from defendant's apartment was not a search). John has, in other words, assumed the risk that his neighbor would permit such an observation. Assume the police officer trespasses on John's neighbor's property, stands on top of a stepladder, and observes the plants. Has a search occurred? Probably not. In Sarantopoulos v. State, 629 So. 2d 121 (Fla. 1993), involving these very circumstances, the court reasoned that a neighbor could have observed the plants from a stepladder or from the roof and this was a risk the defendant took.

A similar result was reached in United States v. 3d 313 (2d Cir. 1997), where officers stood in the side yard of a three-family apartment house and peered into a window whose shade was partially raised. No search was deemed to have occurred despite the trespass because the officers were in a location where other tenants were free to come and go. 1d. No search has occurred. Oliver v. S. 170 ( 1984 ), teaches that open fields are not entitled to Fourth Amendment protection, even when efforts at concealment are made.

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