cases Flashcards
Verdugo
Citizen of Mexico charged in US with drug trafficking. US govt searched his house in Mexico. Ct ruled he wasn’t protected by 4th am b/c not a citizen, no substantial connection with the US and short-term presence, involuntarily present
NJ v TLO
Teacher in public hs caught 14 yo smoking in bathroom, VP seached her purse. Scotus ruled the teacher is a state actor b/c he is in public school. State actors can include building inspectors, OSHA, firefighters
O’Connor v Orregoa-
director of public hospital is state actor
Skinner v Railway Labor-
Fed Railway admin passed rules requiring rr companies to do blood/uring test on rr employees who got into accidents. Scotus said mandatory drug tests mean rr companies are agent of govt- state action b/c required by govt agency.
Search took place “by compulsion of sovereign authority”
Even discretionary tests were not “primarily the result of private initiative”
Not passive authorization but instead a strong govt preference that the tests take place
Mere authorization not enough,look for ENCOURAGEMENT combined with ENDORSEMENT AND PARTICIPATION
Goldman
police used listening device to eavesdrop on defendant’s convo in his office by using slap mike on wall next to office. SCOTUS ruled no trespass on D’s property so government did not conduct a search.
Silverman
- govt eavesdropping on office using spike mike- drilled hole in wall and put microphone against heatin duct in his officer. SCOTUS- trespass occurred so it was 4th am search “GOLDMAN/SILVERMAN TRESPASS DOCTRINE”
Katz
-Govt put listening device inside public phone booth and recorded Defendant’s convo. SCOTUS said 4th am protects people- govt surveillance is a 4th am search if it is a violation of an individual’s REASONABLE EXPECTATION OF PRIVACY.
Katz Test
Katz Test: twofold requirement 1- a person has an actual (subjective) expectation of privacy and 2- that the expectation is one that society recognizes as reasonable.
two factors for when a search is a 4th am search
- The defendant exhibited a subjective expectation of privacy in the area or item that was the object of surveillance and this expectation was reasonable and legitimate
- Law enforcement intruded onto “constitutionally protected area” to conduct surveillance
Oliver
drug agents thought guy was growing pot on farm. Agents waked around property, found field of pot plants. SCOTUS said 4th am protects only “persons, houses, papers and effects” NOT open fields. Distinction between curtilage- land immediately surround house- and open fields beyond house. Have reasonable expectation of privacy in curtilage but not open field or land not immediately adjacent to to home and that is not being used for personal or private activities, even if enclosed by a fence.
Dunn
DEA tracks acid container to make meth to barn on guy’s property. They enter property- 198 acre ranch w/ fenche around it. Barn is not near the house- they go in barn w/o warrant. SCOTUS says barn is in open field on the property and not curtilage and search of barn does not fall under 4th am.
- Barn is 50’ from fence around house, 60 yrds from house which is “substantial distance”
- barn is not within area surrounding house enclosed by a fence. On distinctly diff part of property
- barn was not being used for activities and privacies of domestic life”
- Nothing done by homeowner to protect barn from observation by those in open field.
Ciraolo
govt receivped tip that guy was growing pot in backyard. Yard surround by 10’ fence around entire property. Police rented plane, flew over prpoerty and saw pot plants. SCOTS said surveillance was NOT a search b/c pot was “knowingly exposed to the public” b/c public routinely travels by air, anyone could have looked down and seen plants.
→ surveillance from planes and helicopters is NOT a 4th am seracheven if officers are viewing a constitutionally protected area. NO reasonable expectation of privacy in anything that can be seen from an airplane. “FLYOVER DOCTRINE”
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“FLYOVER DOCTRINE”
NO reasonable expectation of privacy in anything that can be seen from an airplane.
Bond
guy has suitcase on a bus, puts it in overhead bin. Border patrol agent squeeze all bags- when squeezed it, feel brick like object, opened it- bag of meth. SCOTUS- police’s physical squeezing of bag exceeds reasonable expectation of privacy. NO squeezing of luggage.
Greenwood
police think guy is selling drugs. Police as trash man to keep guy’s trash separate, police search it, find evidence of drugs. SCOTUS says search of trash is not a 4th am search b/c open to public, no reasonable expectation of privacy.
