Is it a Fourth Amendment search for a police officer to see an item that is exposed to public view?

California, United States of America


The following excerpt is from People v. Hong, B269010 (Cal. App. 2017):

"'[I]t is not a Fourth Amendment search for a police officer to see an item that is exposed to public view, though the item is within the curtilage of a residence.' [Citation.]" (People v. Strider (2009) 177 Cal.App.4th 1393, 1406 (Strider).) "[T]he law is clear that not every technical trespass onto the curtilage amounts to a search. Just like any other visitor to a residence, a police officer is entitled to walk onto parts

Page 11

Other Questions


Is a search of a vehicle by a police officer who stops and searches the vehicle at the police station a search warrant? (California, United States of America)
What is the effect of public interest in a police officer soliciting other police officers to commit armed robberies? (California, United States of America)
When a police officer searches a knapsack of a suspect in a search for drugs, what is the limitation of the search warrant? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
Does a Fourth Amendment balancing of the legitimate governmental interests in arrest against the reasonable expectation of privacy under the Fourth Amendment reveal the unreasonableness of a defendant's arrest and search? (California, United States of America)
Does a police officer's subjective belief that a search incident to arrest might uncover evidence of crime invalidate an arrest under the Fourth Amendment? (California, United States of America)
Does the search and detention of a man under the Fourth Amendment violate his Fourth Amendment rights? (California, United States of America)
Is it a crime for anyone to engage in a lewd act in any public place open to the public or exposed to public view? (California, United States of America)
What is the test for a police officer to conduct a search and seizure under the Fourth Amendment? (California, United States of America)
When a police officer stops a man from entering a car park in front of a large group of people who have parked there, is the officer's presence visible to the public view? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.