Fourth Amendment: Searches

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  1. Searches: Jones & Katz Test
    REOP: violation of subjective & reasonable expectation of privacy (Katz v. US)

    Trespass: physical intrusion in constitutionally protected area with the purpose of obtaining information (US v. Jones)
  2. Searches: Telephone Booths (Katz v. US)
    Telephone booths: REOP recording device used to listen to closed door telephone booth conversation
  3. Searches: Third Party Doctrine
    Voluntary exposure: no REOP when voluntarily expose to public/third party
  4. Searches: Pen Registers (Smith v. Maryland)
    Third Party Doctrine: no REOP telephone company install pen register to record numbers dialed from persons home (Smith v. Maryland)
  5. Searches: Trash (California v. Greenwood)
    Third Party Doctrine: No REOP contents of sealed trash bags left on curb for garbage collector (California v. Greenwood)
  6. Searches: Electronic Surveillance (US v. White)
    Third Party Doctrine: No REOP in conversations with government informant who was wearing concealed radio transmitter (US v. White)
  7. Searches: Home REOP & Trespass
    REOP: home & area in immediate proximity to home (curtilage)

    Trespass: implied license to intrude for a socially acceptable reason (salesman, police)
  8. Searches: Ariel Surveillance (Florida v. Riley)
    Ariel surveillance: No REOP officer saw with naked eye into greenhouse (curtilage) 10-20 feet behind home while in helicopter within lawful altitude (public can observe from vantage point) (Florida v. Riley)
  9. Searches: Drug Sniffing Dog (US v. Place, Florida v. Jardines)

    Public place & traffic stop & front porch
    Drug sniffing dog: No REOP when dog sniffs luggage at airport since no REOP for hidden possession of contraband which is all that is detected (still need warrant to open) (US v. Place)

    • Traffic stop: No REOP when lawful traffic stop and dog sniffs car (Illinois v. Caballes)
    • Search: traffic stop prolonged to conduct dog sniff, and no reasonable suspicion present


    Florida v. Jardines: Search occurred when officers approached porch of home with drug sniffing dog, and dog started investigating (outside social norm)
  10. Searches: Sense-enhancing Tech (Kyllo v. US)
    Sense-enhancing technology: REOP when not in general public use

    Kyllo v. US: REOP thermal imager used to scan home for thermal radiation since every home detail is protected (lawful activity + contraband detected)
  11. Searches: GPS/Beeper Tracking

    US v. Jones 

    Knotts

    Karo
    US v. Jones: Search occurred when government attached GPS device to car

    Knotts: No REOP when beeper put in container, and tracked when placed in automobile on public roads

    Karo: No REOP when beeper put in container with consent of original owner, and given to D without knowledge of beeper (When container goes from public street to garage can’t track)

Card Set Information

Author:
luis11lb
ID:
326634
Filename:
Fourth Amendment: Searches
Updated:
2016-12-09 22:51:18
Tags:
Richardson
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Description:
Searches
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