CRM_J 420 Final: Final Exam Notes

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Criminal Justice
CRM_J 420
C Hemmens

Final Exam Notes March 30, 2017 th th th 4 Amendment Exemptions- where the 4 amendment simply does not apply whereas 4 amendment exceptions allow the police to at least do something. - Plain View: if a police officer is lawfully present and they see something, seen as contraband, they can seize it. - Open Fields: covers searches that can occur in places that are neither open nor fields. Open fields is everything that is not curtilage. o Hester vs. U.S. (1924) ▪ First case to say that the curtilage is protected in some way, there was no test yet. o U.S. vs. Dunn (1987) ▪ Court defines curtilage. ▪ When there is a reasonable expectation of privacy in an area, then it is in the curtilage. How do we define what this area is? The Dunn Test. o Oliver vs. U.S. (1984) ▪ Made the point that there is no magic number. The distance alone is not enough to say if something is curtilage. o California vs. Civaolo (1986) ▪ o Kyllo vs. U.S. (2001) o Common Law- Curtilage: the protection that you have in your home is more than just your house. It also includes the area immediately surrounding the house (close to it). Can include the following: ▪ House ▪ Grounds ▪ Out buildings- buildings not connected to the house. ▪ Fenced areas: fenced areas alone are not enough to say that something is curtilage. • Easement: sidewalk in front of your house is your property but you can’t tell people they can’t walk there and you can’t block it off. o The city has a right to let the public use it. ▪ Common areas ▪ Garages ▪ Aerial view ▪ Locked gate and no trespassing signs- what is the police think that someone is growing pot in their locked fence with no trespassing signs and they go over the fence and find the pot and charge you? Is that evidence and did they violate the fourth amendment? No. The fourth amendment didn’t apply. Even though there was a fence, is was not part of the curtilage because of how it was being used. o Today- Reasonable Expectation of Privacy - Abandoned property Dunn Test: Kind of like totality of the circumstances. Take all four parts and put them together. - Proximity: closer something is to the house the more likely it is to be considered in the curtilage. - Enclosure: if the area is inside an enclosure that also includes the house. Ex. House on corner of street and have a white picket fence around, more likely to be considered curtilage. - What steps have been taken to conceal the area to prevent people from coming into your yard. - Nature/use of area: what is the area used for? “Are there intimate activities associated with domestic life?”- what the court said. If there are intimate activities associated with domestic life, more likely to be curtilage. th Abandoned Property- if it is abandoned there is no 4 amendment protection. - California vs. Greenwood (1988) o If the trash is still on your propert
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