23 May WHAT IF AN OFFICER OBSERVES CONTRABAND LYING ON THE DESK IN SOMEONE’S OFFICE?
Chapter 10
1. May law enforcement officers take an item off the shelf in an antique store and examine it to determine whether it is stolen? May officers do the same thing in a private home into which they have been invited by a person who does not know they are law enforcement officers?
2. Does the plain view doctrine authorize a warrantless entry into a dwelling to seize contraband visible from outside the dwelling? Why or why not? What if an officer observes contraband from the hallway of a motel through the open door to one of the rooms? What if an officer observes contraband lying on the desk in someone’s office?
Chapter 11
1. Are there any situations in which a warrant is required to search a motor vehicle? In reality, isn’t the warrant requirement the exception rather than the rule in automobile cases? Fully explain your answer.
2. If officers have probable cause to search a vehicle stopped on the highway but no probable cause to arrest the passengers of the vehicle, can they search the passengers also? Does the answer depend on the nature of the evidence for which the officers are looking?
Chapter 12
1. Does the value of an object have any bearing on the question of whether a person abandoned it? Can a person who runs away from his or her automobile to avoid apprehension by the police be said to give up all reasonable expectations of privacy in the vehicle? What if the person locks the vehicle before fleeing? In a related vein, does the size or other physical characteristics of an object have any bearing on the question of whether a person abandoned it?
2. If a person undergoes emergency surgery after being shot by police while driving a stolen automobile, which of the following, if any, has the person abandoned?
o Clothing worn at the time of the shooting
o Wallets and other items in the pockets of the clothing
o Bullets surgically removed
o The automobile
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