Assignment:
1. What is the plain view doctrine? Provide an example of when it might apply.
2. Do you agree with Justice Brennan that the protective sweep goes beyond the Terry v. Ohio decision? Explain your position.
3. What is curtilage? Open fields? Why are these concepts important in criminal law?
4. Distinguish a stop from an arrest; a frisk from a search.
5. In United States v. Leon, the Supreme Court created a good-faith exception to the probable cause requirement of the Fourth Amendment. Under Leon, evidence seized in good faith pursuant to a search warrant is admissible at trial, even though it is later determined that probable cause was lacking. Should this exception be extended to warrantless searches when an officer has a good-faith belief that probable cause exists?
6. Do you believe that the exclusionary rule is required under the Fourth Amendment? Can you think of any alternatives to the rule?
Readings:
Searches, Seizures and Arrest
By Terry v. Ohio