1: Threshold of the Fourth

Question 1

What does the Fourth protect from being unreasonably searched?

Answer 1

Tangible things (persons, home, papers and effects)

Question 2

What does Katz hold the Fourth protects?

Answer 2

Interests, particularly privacy interests

Question 3

Are all privacy interests protected

Answer 3

No, only those that are justifiable

Question 4

Is a physical intrusion required for a search?

Answer 4

No

Question 5

Two-prong test for searches?

Answer 5

Intrudes upon a subjective (actual) and objective (reasonable) expectation of privacy

Question 6

Is using an informant to obtain or transmit information a search?

Answer 6

No, assumption of risk

Question 7

Are privacy interests recognized in open fields?

Answer 7

No

Question 8

Are privacy interests recognized in curtilage?

Answer 8

Yes

Question 9

Curtilage

Answer 9

Area immediately surrounding, usually a residence; no bright line rule, look at proximity and use for others

Question 10

Is using a device to detect heat radiating from a home a search?

Answer 10

Yes, per Kyllo

Question 11

When is the use of a such a device reasonable

Answer 11

When police have obtained a search warrant; exception to the warrant requirement