1. CRJ325 Criminal Procedure
Plain View, Open Fields, Abandonment, and Border Searches
Welcome to Criminal Procedure.
In this lesson, we will discuss the search and seizure of items as they relate to the plain view doctrine, items found within open fields and abandoned spaces, and as well as its affect on individuals moving across borders.

2. Topics Introduction The Plain View Doctrine The Open Fields Doctrine
Border Searches
The following topics will be covered in this lesson:
Introduction;
The Plain View Doctrine;
The Open Fields Doctrine; and
Border Searches

3. Introduction Fourth Amendment Differences
The purpose of this presentation is to discuss situations that involve searches and seizures that have one thing in common, they do not enjoy the full protection of the Fourth Amendment as previously discussed searches and seizures. Additionally, these situations, usually, differ from the previous situations in that a warrant and probable cause aren’t necessarily needed by the officer.

4. The Plain View Doctrine
Plain View Defined
Requirements of the Doctrine
Situations in Which the Doctrine Applies
The plain view doctrine is defined as a means for police officers to seize items that are within plain view of the officer if they have a legitimate right to be in a particular place. For example, if a wife calls the police on her husband and the police arrive and see drugs and large sums of cash on the coffee table, the officer has a right to seize the drugs and money without a warrant.
However, there are three basic rules or requirements that apply to the plain view doctrine. They are (1) the item(s) must come to the officer’s attention strictly by sight (2) the police officer must be physically in the position legally to see the item(s) and (3) the item(s) must be immediately apparent that they are seizable by the police.
One can only imagine how many situations that this doctrine can apply. one of them is making an entry into a home after consent has been given, as in the aforementioned example. A second situation could occur if the officer is out on patrol and sees a group of individuals using drugs in plain view. Additional situations can include making an arrest with or without a warrant and during inventory searches after a lawful arrest.

5. The Open Fields Doctrine
The Open Fields Doctrine Defined
Areas Not included in Open Fields Curtilage
Open Field and Plain View Compared
Now, we will turn our attention to the open field doctrine. This doctrine states that items found within open fields are not protected by the Fourth Amendment and can therefore be seized without a warrant or probable cause. Although certain items can be seized under this doctrine, there are some restrictions.
According to criminal procedure, houses are not included in the open field doctrine. Houses are structure that serve as living quarters; therefore, they are protected under the Fourth and require a warrant to search. However, there is one important caveat that should be pointed out about houses and the homeless. Even a traditionally homeless person who doesn’t have a traditional four wall structure, has constitutional protection in his version of a home and a search can require a warrant, if a reasonable expectation of privacy exist.
Curtilage is another important factor to consider when thinking about the open field doctrine. Curtilage is defined as the area that extends the intimate activities of the home. Therefore, this area is protected by the Fourth Amendment. The open field begins where curtilage ends.
When we look at the open field doctrine compared to the plain view doctrine, we learn that neither require a warrant nor are they protected by the Fourth Amendment. However, items seized under the open field can be brought to the officer’s attention by any of the senses. Items seized by the plain view can be seized regardless of where they are seen provided the three requirements are meet.

6. Border Searches Temporary Detention of Aliens Believed to be Illegal
Strip, Body Cavity, and X-ray Searches
Detention of Alimentary Canal Smugglers
Now, we will turn our attention to border searches, which are not necessarily the responsibility of the local police. Border stops and searches are regulated by immigrations laws and not necessarily local laws, although states like Arizona have tried to get involved in border control.
Federal law allows for the temporary detention of aliens believed to be illegal for questioning based on a reasonable suspicion, as well as strip searches, body cavity, and x-ray searches. This is unlike cases involving legal citizens and those removed in distance from the border. These types of searches require probable cause. Reasonable suspicion is also applicable to the detention of alimentary canal smugglers.
Please note the aforementioned are responsibilities of federal law enforcement officers, however states that border our neighbors have challenged this protocol and we should expect new case law to be generated from these challenges.

7. Short-Story Scenario
Imagine you are a rookie police officer in Texas. You are out on patrol with your FTO and you see some people crossing the border. Based on the fact that you are a regular police officer and your police department doesn’t have any special agreements with the border patrol, what do you do when your FTO tells you to stop and search the people? One last point, you have no reason to believe drugs are involved.
In order to make sure you understand the current lesson’s key points:
Imagine you are a rookie police officer in Texas. You are out on patrol with your FTO and you see some people crossing the border. Based on you being a regular police officer and your police department doesn’t have any special agreements about border patrol, what do you do when your FTO tells you to stop and search the people? One last point, you have no reason to believe drugs are involved.
Take three to five minutes to write down your answer based on the scenario. When you’re ready, click the next button and hear what we have to say.
Your answer should include that you are not allowed to stop and search these individuals because you need probable cause, reference that the Fourth Amendment is at play here about searching in some instances, and that border patrol is the responsibility of the federal government.

8. Check Your Understanding
Items seized through the plain view doctrine rely on all of the senses.
True
False
Directions: Chose whether the statement below is true or false and then click the submit button.
Items seized through the plain view doctrine rely on all of the senses.
True
False
Answer: B
Plain view doctrine relies on the sense of sight only.
Please go to the next slide.

9. Check Your Understanding
Which amendment protects to the plain view and open field doctrines?
Third
Fourth
Neither
Directions: Choose the best answer then click the submit button.
Which amendment protects to the plain view and open field doctrines?
Third
Fourth
Neither
Answer: C
Neither of the amendments protects the pain view or open field doctrines; however, the Fourth is applied when we discuss these doctrines.
Please go to the next slide.

10. Summary Introduction The Plain View Doctrine The Open Fields Doctrine
Border Searches
We have now reached the end of our lesson. Let’s take a look at what we have covered today.
We started our discussion by examining the plain view doctrine and its requirements, such as the items must be seen by the officer, who is legally in a position to see them.
Next, we discussed the open field doctrine that involved items being legally seized without a search warrant provided that they are in the open field, which excludes curtilage and the home.
Finally, we discussed border searches and found that they are regulated by immigration laws, which are on the federal level. We also discussed that the Fourth Amendment is limitedly applied in certain cases.
This completes our lesson.