Case Study 2: Plain View, Open Fields, Abandonment, and Border Searches as They Relate to Search and Seizures
Officer Jones asked the neighborhood’s regular trash collector to put the content of the defendant’s garbage that was left on the curb in plastic bags and to turn over the bags to him at the end of the day. The trash collector did as the officer asked in order to not mix the garbage once he collected the defendant’s garbage. The officer searched through the garbage and found items indicative of narcotics use. The officer then recited the information that was obtained from the trash in an affidavit in support of a warrant to search the defendant’s home. The officer encountered the defendant at the house later that day upon execution of the warrant. The officer found quantities of cocaine and marijuana during the search and arrested the defendant on felony narcotics charges.
Write a one to two (1-2) page paper in which you:
- Identify the constitutional amendment that would govern Officer Jones’ actions.
- Analyze the validity and constitutionality of officer’s Jones’ actions.
- Discuss if Officer Jones’ actions were justified under the doctrines of plain view, abandonment, open fields, or border searches.
- Use at least two (2) quality references.
Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format.
Points: 100 |
Case Study 2: Plain View, Open Fields, Abandonment, and Border Searches as They Relate to Search and Seizures |
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Criteria |
Unacceptable Below 60% F |
Meets Minimum Expectations 60-69% D |
Fair 70-79% C |
Proficient 80-89% B |
Exemplary 90-100% A |
1. Identify the constitutional amendment that would govern Officer Jones’ actions. Weight: 35% |
Did not submit or incompletely identified the constitutional amendment that would govern Officer Jones’ actions. |
Insufficiently identified the constitutional amendment that would govern Officer Jones’ actions. |
Partially identified the constitutional amendment that would govern Officer Jones’ actions. |
Satisfactorily identified the constitutional amendment that would govern Officer Jones’ actions. |
Thoroughly identified the constitutional amendment that would govern Officer Jones’ actions. |
2. Analyze the validity and constitutionality of Officer Jones’ actions. |
Did not submit or incompletely analyzed the validity and constitutionality of Officer Jones’ actions. |
Insufficiently analyzed the validity and constitutionality of Officer Jones’ actions. |
Partially analyzed the validity and constitutionality of Officer Jones’ actions. |
Satisfactorily analyzed the validity and constitutionality of Officer Jones’ actions. |
Thoroughly analyzed the validity and constitutionality of Officer Jones’ actions. |
3. Discuss if Officer Jones’ actions were justified under the doctrines of plain view, abandonment, open fields, or border searches. Weight: 25% |
Did not submit or incompletely discussed if Officer Jones’ actions were justified under the doctrines of plain view, abandonment, open fields, or border searches. |
Insufficiently discussed if Officer Jones’ actions were justified under the doctrines of plain view, abandonment, open fields, or border searches. |
Partially discussed if Officer Jones’ actions were justified under the doctrines of plain view, abandonment, open fields, or border searches. |
Satisfactorily discussed if Officer Jones’ actions were justified under the doctrines of plain view, abandonment, open fields, or border searches. |
Thoroughly discussed if Officer Jones’ actions were justified under the doctrines of plain view, abandonment, open fields, or border searches. |
4. 2 references Weight: 5% |
No references provided |
Does not meet the required number of references; all references poor quality choices. |
Does not meet the required number of references; some references poor quality choices. |
Meets number of required references; all references high quality choices. |
Exceeds number of required references; all references high quality choices. |
5. Clarity, writing mechanics, and formatting requirements Weight: 10% |
More than 8 errors present |
7-8 errors present |
5-6 errors present |
3-4 errors present |
0-2 errors present |