ASIS International (ASIS) Professional Certified Investigator Practice Exam

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What is the principle established by US v. Thomas regarding abandoned property?

The exclusionary rule applies to abandoned property

Abandoned property is always admissible in court

The exclusionary rule does not apply to abandoned property

The principle established by US v. Thomas clarifies that the exclusionary rule does not apply to abandoned property. This legal principle is significant because it indicates that once an individual has abandoned their property, they have relinquished any reasonable expectation of privacy in that property. As a result, law enforcement is permitted to seize and use evidence from abandoned property without it being subject to the constraints of the exclusionary rule, which traditionally prevents the use of illegally obtained evidence.

This ruling supports the understanding that when individuals discard or abandon their belongings, they cannot claim protection under the Fourth Amendment regarding unreasonable searches and seizures. The case exemplifies how legal precedents shape the treatment of property in relation to an individual's rights, especially concerning evidence that can be presented in court.

In this context, the options that imply the exclusionary rule applies to abandoned property or that property must be tracked to warrant exclusion do not accurately reflect the legal stance established by US v. Thomas.

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Property must be tracked to warrant exclusion

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