Utah Special Function Officer (SFO) Practice Exam

What can an officer infer about abandoned property during a search?

1. It cannot be searched without a warrant

2. It may be searched if it appears abandoned

3. It must be reported to the property owner first

4. Officer discretion is not allowed

The correct answer is: It may be searched if it appears abandoned

An officer can infer that abandoned property may be searched if it appears abandoned because the legal doctrine surrounding abandoned property suggests that individuals do not have a reasonable expectation of privacy in items they have willingly left behind or forsaken. When property is deemed abandoned, law enforcement is typically allowed to search it, as the owner has relinquished their rights and interests in that property. This principle is grounded in the understanding that if no one claims ownership or expresses an interest in the property, it can be treated as unowned. Thus, the officer can legally conduct a search without a warrant. In practice, this means that if an officer comes across items that appear abandoned—such as in a public space—they can examine those items under this legal framework. Officers do need to be cautious and ensure that the property truly is abandoned, as searching property that still has apparent ownership could lead to legal complications.