Chapter 5

Question 0

What are three important factors that are needed to be considered when defining a search?

Answer 0

• whether the presumed search is a product of government action
• whether the intrusion violates society’s reasonable expectation of privacy
• whether it infringes on an individual’s legitimate expectation of privacy

Question 1

What does the fourth amendment protect?

Answer 1

Persons, houses, papers, and effects

Question 2

How to distinguish a search from a non search?

Answer 2

• who is looking for evidence

- where they are looking for it

Question 3

What is cartilage?

Answer 3

It is defined as the area to which extends the intimate activity associated with the sanctity of a man’s home and the privacies of life

Question 4

What is open field?

Answer 4

It is defined as any unoccupied or undeveloped real property outside the cartilage of a home.

Question 5

How to distinguish between open fields and cartilage?

Answer 5

• Is the area close to a house or a residence
• Is the area enclosed within a fence or similar enclosure
• to what use is the area being put
• what steps were taken to protect the area from observation