Why can plain-view searches be called nonsearches


Discuss the below:

Answer the following questions, in three double spaced typed pages. Your answers should be in your own words and should demonstrate a thorough understanding of the questions posed. If you would like to utilize a quote from the text or utilize another source, you must cite your source and be sure to include page numbers where appropriate.

1. Why can plain-view searches be called nonsearches? Identify and describe the situations when the three conditions of the plain-view doctrine apply.

2. Identify and give an example of each of the two elements that determines whether property is abandoned for Fourth Amendment purposes.

3. Does unprovoked flight + high-crime area = reasonable suspicion? Explain.

4. Identify the characteristics of a full custodial arrest and contrast it with a stop. Why do we call arrests a zone and not a point?

5. Compare the definition of reasonable suspicion with probable cause. What two interests does probable cause balance?

6. Identify and provide details about the three elements of arrest warrants that satisfy the requirements of the Fourth Amendment warrant clause.

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