Constitutional Law Quiz V Flashcards
Forest Service Surveillance Camera Case
US vs. McGyver
3rd Party Wire Tap Case
Hoffa vs. US
Challenges to legality of evidence obtained by surveillance
- Does it occur in public
- Is activity / info exposed to a third party
- Does activity take place in a home
Thermal imaging enhanced surveillance case
Kyllo vs. US
Arial surveillance case
Dow Chem vs. US
Tracking device case (GPS)
US vs. Jones
Surveillance in home case (ether)
Carro vs. US
Video surveillance case (hotel room)
US vs Lee
Devices that only detect contraband
- Chemical testing
2. Drug sniffing dogs
Drug sniffing dog case
IL vs. Cabbaales
Wiretap Act
Prohibits interception of protected communication without special court order called wiretap order
Type of protected communications
- Wire Communications
- Oral communications
3, Electronic Communications
Interception is:
Acquisition of contents of a protected communication during the transmission of communication
Wire Communication is:
- Transfer made in hole ro part by some facility for the communication by aid of wire, cable connection between point of inception and completion
- transfer of voice a-b using wire
- thru use of interstate communications facility
Oral Communications is:
- uttered from 1 to another while exhibiting expectation of privacy
- live face to face
- expects not to be intercepted
- reasonable not to be intercepted
Electronic Communication is
transmitted from point a-b, not voice and by means of wired device
Requirement of Interception
- Protected communication
- acquire contents of communication during transmission
- by means of a device meant for that purpose (bug)
Requirements of Wiretap
- Participating in a crime
- must be necessity
- Must have authorization from Attorney General
- Probable Cause
- Must designate duration of wiretap
- Contains access to premises
- Provision for minimization
- Disclosure of tap prohibited
Exceptions to Wiretap rule
- Exigent circumstances - confronted with emergency of death or injury, conspiring to threaten US or conspiracy with organized crime
- must have objective belief that had there been time wiretap would have been approved.
- must make formal request within 48 hours
Communication not regulated
- Conversation naturally overheard
- Lacking reasonable expectation of privacy
- Interception where one party consents
Graveside wiretap case
kee vs. Rowlett
Recorded conversation in squad car case
US. vs. Turner
Stored communications act
allows for acquisition of conversations that have terminated
Time limits on disclosing stored communications
- if less than 180 days, need search warrant
2. if older than 180 days, subpoena needed
