Ch. 3 The Definition of Searches & Seizures (Q1/Midterm) Flashcards

1
Q

What three questions must be addressed when analyzing 4th Amendment (search & seizure) issues?
HINT: Think flowchart

A

1) Was the law enforcement action a search or a seizure?
2) If the action was a search or a seizure, was it reasonable?
3) If the action was an unreasonable search, does the 4th Amendment ban its use as evidence?

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2
Q

This is defined as some meaningful interference with an individual’s possession of property.

A

What is a seizure?

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3
Q

Does the 4th Amendment apply if a law enforcement action isn’t a search or a seizure?

A

No

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4
Q

Before the adoption of the 4th Amendment, what were the original 2 purposes for search & seizure laws?

A

1) Sedition
2) Tax evasion

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5
Q

Which 2 enormous powers allowed English monarchs to destroy “seditious libels” and collect taxes?

A

1) General Warrant
2) Writ of Assistance

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6
Q

What were the 2 conditions for lawful searches and seizures according to the Founding Fathers?

A

1) Specific dates
2) Names of places/people

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7
Q

This doctrine states that there is no reasonable expectation of privacy in what officers discover by their ordinary senses i.e., plain view.

A

What is the Plain View Doctrine?

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8
Q

What type of searches are plain view searches?

A

Trick question. Plain view “searches” are really NON-searches.

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9
Q

What are the 2 types of plain views?

A

1) Search-related
2) Non-search-related

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10
Q

What are the 2 conditions of the Plain View Doctrine?

A

1) Officers are where they have a legal right to be
2) Object/evidence’s incriminating character must be IMMEDIATELY APPARENT with ORDINARY SENSES

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11
Q

This case established the Plain View Doctrine.

A

What is Arizona v. HIcks (1987)?

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12
Q

This case found that using a drug-sniffing dog to sniff around a vehicle is NOT a search.

A

What is Illinois v. Caballes (2005)?

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13
Q

What are the 3 unprotected places where the 4th Amendment does not apply?

A

1) Open fields
2) Public areas
3) Abandoned property

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14
Q

What are the 2 conditions for abandonment?

A

1) Having physically given up possession of something
2) Having intended to give up the expectation of privacy

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15
Q

What test is used to determine abandonment?

A

Totality-of-Circumstances test

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16
Q

This case found that open fields consequently possess no expectation of privacy.

A

What is Oliver v. U.S.?

17
Q

The grounds immediately surrounding a home that are the site of “intimate activity” associated with the “sanctity of a man’s home and privacies of life.” These grounds are considered part of the home itself. For example, a backyard.

A

What is curtilage?

18
Q

This case defined curtilage.

A

What is U.S. v. Dunn?

19
Q

Until 1967, SCOTUS used this doctrine to define searches as officers having to physically invade a CONSTITUTIONALLY PROTECTED AREA.

A

What is the Trespass Doctrine?

20
Q

This case established the Trespass Doctrine.

A

What is Olmstead v. U.S.?

21
Q

What are the 4 constitutionally protected areas mentioned in the Trespass Doctrine?

A

1) Persons
2) Houses
3) Papers
4) Effects

22
Q

In 1967, SCOTUS succeeded (but did NOT replace) the Trespass Doctrine with this…

A

What is the Reasonable Expectation of Privacy Doctrine?

23
Q

What are the 2 prongs of the expectation-of-privacy test?

A

1) Subjective privacy
2) Objective privacy

24
Q

This case defined the Reasonable Expectation of Privacy Doctrine.

A

What is Katz v. U.S. (1967)?

25
Q

This theory states that when we knowingly reveal our incriminating secrets, we ASSUME THE RISK that our false friends will use them against us in criminal cases.

A

What is the Assumption of the Risk Theory?

26
Q

This doctrine is the basis for the Assumption of the Risk Theory.

A

What is the Third Party Doctrine?

27
Q

In this case, SCOTUS held that the 4th Amendment did not protect evidence the government obtained due to “a wrongdoer’s misplaced belief that a person to whom he voluntarily confided his wrongdoing would not reveal it.”
HINT: It’s a Third Party Doctrine Case

A

What is Hoffa v. U.S.?

28
Q

What doctrine was used to decide U.S. v. White & Lewis v. U.S.?

A

Third-Party Doctrine

29
Q

In this case, SCOTUS held that, in some circumstances, such as bootlegging alcohol, there is no reasonable expectations of privacy for bank records.

A

What is U.S. v. Miller (1976)?

30
Q

This case held that there is NO reasonable expectation of privacy for telephone numbers.

A

What is Smith v. Maryland (1979)?

31
Q

This case held that there is NO reasonable expectation of privacy for trash.

A

What is California v. Greenwood (1988)?

32
Q

What are the 3 types of statements made under electronic surveillance that have NO reasonable expectation of privacy?

HINT: Third Party Doctrine heavily influences this

A

1) Statements made by private individuals
2) Statements made to and recorded by undercover government agents
3) Statements made by individuals who didn’t know they were talking to government agents while being recorded

33
Q

In this case, SCOTUS held that the petitioner had shown no subjective expectation of privacy because he made no attempt to conceal the heat escaping his home.

NOTE: The heat came from the lamps used to provide light for the petitioner’s marijuana plants.

A

What is Kyllo v. U.S.?

34
Q

In this case, SCOTUS held that using a GPS to track and monitor a drug dealer’s Jeep (with no issued warrant) was a search that violated the petitioner’s 4th Amendment rights.

A

What is U.S. v. Jones?

35
Q

In this case, the petitioner expressed a reasonable expectation of privacy toward his private emails. He and his mother ran a company distributing male sexual enhancement supplements.

A

What is U.S. v. Warshak?

36
Q

Why is State v. Patino (2012) so different from failed reasonable expectation of privacy cases, such as Kyllo v. U.S. (thermal imaging), California v. Greenwood (trash), and Smith v. Maryland (telephone numbers)?

A

There is a subjective and objective expectation of privacy for text messages in State v. Patino (2012)

37
Q

In this case, SCOTUS ruled that the 4th Amendment is not triggered when private parties not associated with the government conduct searches and turn over what they found to the police.

A

What is U.S. v. Jacobsen (1984)?

38
Q

What doctrine did U.S. v. Jacobson create?

A

Private Search Doctrine