Explain the Plain View Doctrine and distinguish it from the Open Fields Doctrine
What will be an ideal response?
The Plain View Doctrine requires:
• The officer is legally at the location
• The officer did not pick up or otherwise physically examine the object
• The officer must have probable cause in order to seize the item
These three criteria provide protection for the privacy interests of everyone. Not only must the officer be legally at the location, but items of personal property may not be moved or picked up in order to examine them more closely. No matter how suspicious the officer is, the items cannot be taken based on Plain View unless there is probable cause that the item is either contraband or evidence of a crime.
Plain View, which has more restrictions, can be used anywhere. Open Fields, on the other hand, applies in open areas such as farmland, prairies, mountains, or vacant land. Evidence seized by officers who are trespassing is admissible in court under Open Fields as long as they were not within the curtilage of a home. This is consistent with the higher expectation of privacy that our laws hold for our homes.
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Which of the following advocates would support the protection of personal freedoms and civil rights?
a. crime-control advocates b. states'-rights advocates c. public-order advocates d. individual-rights advocates
Criminal offender John Doe grew up surrounded by poverty and other disruptive social forces. Which theory would argue that his criminal behavior was independent of individual characteristics?
a. social disorganization b. differential association c. social control d. social conflict
What are the three major categories of false confessions? Explain each
What will be an ideal response?
The view that victimization results from the interaction of three everyday factors: the availability of suitable targets, the absence of capable guardians, and the presences of motivated offenders is called:
a. victim precipitation theory. c. life-style theory. b. routine activities theory. d. deviant place theory.