Crim & Crim Pro

Question 1

What is the Reply Letter Doctrine?

Answer 1

Under the reply letter doctrine (an evidence doctrine), a document may be authenticated by evidence that it was written in response to a communication, so long as it is unlikely, based on the contents, that it was written by someone other than the recipient of the first communication

Question 2

Does an offender at a probation hearing have an absolute right to counsel?

Answer 2

No.
An offender does not have an absolute constitutional right to counsel at a probation revocation hearing when an already-imposed sentence is executed as a result of the revocation of probation. Instead, an offender only has such a right if it is necessary for a fair trial.

Question 3

Common-law murder

Answer 3

the unlawful killing of another human being committed with malice aforethought

Question 4

Redline Rule

Answer 4

Under the Redline doctrine, a defendant is generally not guilty of felony murder when a victim or a police officer, acting in self-defense or trying to prevent the escape of the defendant or his co-felon, kills the co-felon. However, this is only applicable as a defense to felony murder for the death of a co-felon during a felony.

Question 5

False Pretenses

Answer 5

False pretenses requires (i) obtaining title to the property (ii) of another person (iii) through the reliance of that person (iv) on a known false representation of a material past or present fact, and (v) the representation is made with the intent to defraud.

Question 6

How do you authenticate voice evidence?

Answer 6

A voice can be identified by any person who has heard the voice at any time.

Question 7

How may a defendant challenge a facially warrant in an attempt to suppress evidence obtained?

Answer 7

A defendant can successfully challenge a facially valid warrant only when the defendant can establish, by a preponderance of the evidence, that: (i) the affidavit contained false statements that were made by the affiant knowingly, intentionally, or with a reckless disregard for their truth; and (ii) the false statements were necessary to the finding of probable cause.

Question 8

What is the extent of prosecutorial immunity?

Answer 8

A prosecutor is absolutely immune from civil liability for damages resulting from his prosecutorial acts unless it is clear that the prosecutor did not have jurisdiction

Question 9

Conspiracy + Majority Rule

Answer 9

Conspiracy is an agreement between two or more persons to accomplish an unlawful purpose with the intent to accomplish that purpose. The majority rule requires an overt act in furtherance of the conspiracy, although the common law does not. A conspirator can be convicted of both the offense of conspiracy and all substantive crimes committed by any other co-conspirators acting in furtherance of the conspiracy.

Question 10

Larceny

Answer 10

Larceny is the (i) trespassory (ii) taking and carrying away (iii) of the personal property of another (iv) with the intent to permanently deprive that person of the property. If the defendant intends only to borrow the property with the ability to do so, then larceny does not occur because there is no intent to permanently deprive the owner of the property.

Question 11

Doctrine of Transferred Intent

Answer 11

When a defendant acts with an intent to cause harm to one person and that act directly results in harm to another person. Under the doctrine of transferred intent, the defendant is treated as having the intent to cause harm to the person harmed.

Question 12

Larceny by Trick

Answer 12

A defendant is guilty of larceny by trick if she obtains possession (but not title) to property owned by another through fraud or deceit, with the intent to permanently deprive the victim of that property, resulting in the conversion of the property.

i.e. larceny w/o the trespassory taking

Question 13

Solicitation

Answer 13

Solicitation is the enticing, encouraging, requesting, or commanding of another person to commit a crime with the intent that the other person commits the crime

Question 14

Is factual impossibility a defense to solicitation?

Answer 14

Nope.

Factual impossibility is NOT a defense to solicitation.

Question 15

What is factual impossibility?

Answer 15

Factual impossibility is not a defense to solicitation.

(Think of the fact pattern where the girl tries to poison her hippy parents with the wrong berries.)

Factual impossibility isn’t a defense to the crime of attempt.

Question 16

When is involuntary intoxication a defense?

Answer 16

When it serves to negate an element of the crime.

Involuntary intoxication is a defense when the intoxication serves to negate an element of the crime, including general as well as specific-intent and malice crimes. To be considered involuntary, the intoxicating substance must have been taken without knowledge of the intoxicating nature of the substance, including substances taken pursuant to medical advice.

Question 17

Common law conspiracy

Answer 17

At common law, a conspirator cannot be convicted of conspiracy if all other conspirators are acquitted at the same trial, because there must be more than one conspirator to have a conspiracy.

Takes two tango

Question 18

Tell me about bigamy

Answer 18

Two marriages concurrently.

Bigamy is a strict-liability crime and does not require a mens rea, or guilty mind. Rather, proof of the actus reus, the bad or unlawful act, is sufficient for a conviction.

Yikes.

Question 19

Can a person be convicted as an accomplice to a crime even if he was not involved in the principal’s criminal actions?

Answer 19

YES.

An accomplice is responsible for the crime to the same extent as the principal. An accomplice who is neither physically nor constructively present during the commission of the crime, but who possesses the requisite intent, is an accessory before the fact

Question 20

Can a person be convicted as an accomplice even if the principal was not convicted? (Modern approach)

Answer 20

YES.
By modern statute, in a majority of jurisdictions, an accomplice may be convicted of a crime even if the principal is not tried, is not convicted, has been given immunity from prosecution, or is acquitted.

Question 21

Forgery

Answer 21

Forgery is the making of a false writing with apparent legal significance and with the intent to defraud. Making includes creating, altering, or fraudulently inducing another to sign a document when that person is unaware of the significance of the document.

Question 22

When is malice aforethought required, and what is it?

Answer 22

Common-law murder is the unlawful killing of another human being committed with malice aforethought. “Malice aforethought” includes reckless indifference to an unjustifiably high risk to human life.

Question 23

Accomplice (Majority and MPC)

Answer 23

An accomplice is a person who, with the purpose of promoting or facilitating the commission of the offense, aids or abets a principal prior to or during the commission of the crime. However, a person is not guilty as an accomplice when that person’s action is itself an essential element of the crime. When the crime requires another party (i.e., the crime of distributing drugs requires a purchaser), the other party is not, simply by engaging in the criminal act, guilty of the crime as an accomplice.

Question 24

Involuntary manslaughter

Answer 24

Involuntary manslaughter is an unintentional homicide committed with criminal negligence or during an unlawful act.

Question 25

First degree murder

Answer 25

First-degree murder is a statutorily created category of murder that requires premeditation and deliberation with a specific intent to kill. Deliberate means the defendant made the decision to kill in a cool and dispassionate manner. Depending on the jurisdiction, felony murder may also constitute first-degree murder.

Question 26

When is a murder premeditated?

Answer 26

A murder is premeditated if the defendant had enough time to reflect on the idea of or plan the killing. The amount of time needed for premeditation may be brief as long as after forming the intent to kill, the defendant had sufficient time to become fully conscious of the intent and to consider the killing. Relevant for findings of FIRST DEGREE MURDER.

Question 27

Second degree murder

Answer 27

n some jurisdictions, second-degree murder is a codification of common-law murder. In other jurisdictions, second-degree murder is codified as a murder that is committed without premeditation and deliberation, which typically includes killings that occur when the intent is not to kill but to commit serious bodily injury, or killings committed with a depraved heart.

Question 28

When does malice aforethought exist?

Answer 28

Malice aforethought exists if the defendant acts with any of the following mental states: (1) intent to kill, (2) intent to inflict serious bodily injury, (3) reckless indifference to an unjustifiably high risk to human life, or (4) intent to commit a felony. Relevant to: CL MURDER

Question 29

Voluntary Manslaughter

Answer 29

Voluntary manslaughter is a killing that would be murder but for the existence of adequate provocation. Provocation is adequate if there is a sudden and intense passion in the mind of a reasonable person that would cause her to lose control, the defendant was in fact provoked, there was not sufficient time for cooling off, and the defendant did not in fact cool off between the provocation and the killing.

Question 30

Fact Pattern: Bob walks in and sees spouse cheating on him. In a blind rage, kills spouse or other. Bob's been cuckholded!

Answer 30

Voluntary Manslaughter. Voluntary manslaughter is a killing that would be murder but for the existence of adequate provocation. Provocation is adequate if there is a sudden and intense passion in the mind of a reasonable person that would cause her to lose control, the defendant was in fact provoked, there was not sufficient time for cooling off, and the defendant did not in fact cool off between the provocation and the killing.

Question 31

Arson

Answer 31

Common-law arson is the (1) malicious burning of the (2) dwelling of another. The crime of arson is a malice crime requiring a reckless disregard of a high risk of harm.

Question 32

MPC Test for Insanity

Answer 32

tl;dr At the time of the crimes, due to mental illness, defendant (A) couldn't understand it was wrong OR (B) conform action to the law. Under the MPC test: A defendant is not guilty by reason of insanity if, at the time of the conduct, he, as a result of a mental disease or defect, did not have substantial capacity to appreciate the wrongfulness of the act or to conform his conduct to the law. MPC combines the M’Naghten and irresistible-impulse tests

Question 33

Pinkerton Rule

Answer 33

The “Pinkerton Rule” says that every co-conspirator is guilty of any substantive offense committed in furtherance of the conspiracy, regardless of actual knowledge of its commission.

Question 34

Name of the rule that says every co-conspirator is guilty of any substantive offense committed in furtherance of the conspiracy, regardless of actual knowledge of its commission.

Answer 34

The “Pinkerton Rule”

Question 35

Can voluntary intoxication be a defense to a specific-intent crime?

Answer 35

Not if the intent was formed before intoxication. You can't get drunk/high to commit a crime.

Question 36

Under the MPC if the if the requisite mens rea is not stated in a criminal statute, it is established if _________________________.

Answer 36

the defendant acted at least recklessly.

Question 37

What are the levels of cupability from LOWEST to HIGHEST

Answer 37

1) Negligence - lowest 2) Recklessly 3) Knowingly or Willfully 4) Purposefully - highest

Question 38

How do you prove homicide?

Answer 38

1) the prosecution must show that the defendant caused the victim’s death AND 2) the prosecution must prove both actual and proximate causation. If the victim would not have died but for the defendant’s act, then the defendant’s act is the actual cause (i.e., cause-in-fact) of the death.

Question 39

Legal Impossibility

Answer 39

Under legal impossibility, if the act intended is not a crime, the defendant cannot be guilty of attempt.

Question 40

What is an accomplice liable for?

Answer 40

The accomplice is liable for the crime itself and all natural and probable consequences of the crime.

Question 41

Who is the "principal" in a crime?

Answer 41

A principal is the person whose acts or omissions are the actus reus of the crime, in other words, the perpetrator of the crime.

Question 42

Receiving Stolen Property

Answer 42

Receiving stolen property is a statutory crime that requires receiving control of stolen property with knowledge that the property is stolen and with the intent to permanently deprive the owner of the property.

Question 43

What amendments provides right to counsel?

Answer 43

5th Amendment, and 6th

Question 44

Is the right to counsel under the 5th Amendment automatic?

Answer 44

Nope. The right to counsel under the Fifth Amendment is not automatic. (Cf. 6th Amendment). To invoke the right to counsel under the Fifth Amendment, the defendant must make a specific, unambiguous statement asserting his desire to have counsel present

Question 45

When does the 6th Amendment right to counsel attach?

Answer 45

The right automatically attaches when formal judicial proceedings have begun, whether that be at a post-arrest initial appearance before a judicial officer, or by way of formal charge, preliminary hearing, indictment, information, or arraignment. Think - The Sixth Amendment right to counsel applies at all critical stages of a prosecution, after formal proceedings have begun

Question 46

Does a prosecutor have an obligation to present evidence that may be exculpate the defendant to a grand jury?

Answer 46

Nope! The prosecutor has no legal obligation to present evidence exculpating the defendant to the grand jury, even if it is requested by the grand jurors. Thus, a grand jury indictment cannot be dismissed for the prosecutor’s failure to present exculpatory evidence, unless the prosecutor violated a preexisting constitutional or legislative rule. Kinda crazy.

Question 47

Following a hung jury, can a defendant be retried without violating Double Jeopardy?

Answer 47

Yes. The defendant may be retried.

Question 48

Does a grand jury witness have a 5th Amendment right to counsel in the grand jury room?

Answer 48

Nope. A grand jury witness has no Fifth Amendment right to counsel in the grand jury room. But the witness may consult with an attorney outside the grand jury room. Also — A witness has no 6th Amendment right to present witnesses or to introduce evidence at a grand jury proceeding.

Question 49

What does the 4th Amendment require to justify a warrantless search of an automobile incident to arrest.

Answer 49

(1) that the arrestee is within reaching distance of the passenger compartment at the time of the search and may pose an actual and continuing threat to the officer’s safety, (2) a need to preserve evidence from being tampered with by the arrestee OR (3) that it is reasonable that evidence of the offense of arrest might be found in the vehicle.

Question 50

Battery

Answer 50

Battery is the unlawful application of force to another person that causes bodily harm to that person or constitutes an offensive touching.

Question 51

What is aggravated battery?

Answer 51

Battery but with a deadly weapon. So... Aggravated battery is the unlawful application of force to another person that causes bodily harm to that person or constitutes an offensive touching WITH A DEADLY WEAPON.

Question 52

Assault

Answer 52

Assault is either (1) an attempt to commit battery, or (2) the intent to place another in reasonable apprehension of imminent bodily harm

Question 53

What is aggravated assault?

Answer 53

Assault with a deadly weapon. Aggravated assault is (1) an attempt to commit battery, or (2) the intent to place another in reasonable apprehension of imminent bodily harm. WITH A DEADLY WEAPON

Question 54

Kidnapping

Answer 54

Kidnapping is the (1) unlawful confinement of a person, (2) against that person’s will, (3) coupled with either moving or hiding that person

Question 55

Rape (modern statute)

Answer 55

Rape is (1) unlawful sexual intercourse, (2) against the victim's will, (2) without consent, by force or threat of immediate force.

Question 56

Voluntary Manslaughter

Answer 56

A killing can be reduced to voluntary manslaughter when the killing occurred: (1) in the heat of passion, or (2) as a result of imperfect self-defense. An imperfect defense occurs when a person kills in self-defense as a result of an honest but unreasonable belief that he faced deadly force against him.

Question 57

When does a killing occur "in the heat of passion"? | Voluntary Manslaughter

Answer 57

A killing occurs in the heat of passion if: (1) there was a provocation that would arouse a sudden or intense passion in the mind of a reasonable person, (2) the defendant was actually provoked when he acted, (3) there was insufficient time for a reasonable person to cool off, and (4) the defendant did not actually cool off by the time he acted.

Question 58

Embezzlement

Answer 58

Embezzlement is the fraudulent conversion of personal property of another by someone who was already in lawful possession of that property.

Question 59

Robbery

Answer 59

Robbery is (1) larceny, (2) by force or threat of injury (to victim, a family member, or a person in Victim’s presence), (3) when the property is taken from the person or presence of the owner.

Question 60

False Pretenses

Answer 60

False pretenses occurs when the defendant obtains TITLE to the property of another by making a false representation of material facts with the intent to defraud. (Cf. Larceny by Trick, in which possession but not title is obtained via fraud or deceit.)

Question 61

Receipt of Stolen Property

Answer 61

Receipt of stolen property occurs when one knowingly receives, conceals, or disposes of stolen property with the intent to permanently deprive the property’s owner of it.

Question 62

Arson

Answer 62

Arson is the malicious burning of the dwelling of another. Malice requires either intent or extreme recklessness. Modernly, most jurisdictions include any kind of structure and include damage from explosives.

Question 63

What is "Attempt"? | Criminal Law

Answer 63

Attempt is an act done with the intent to commit a crime, that constitutes a substantial step towards committing the crime and goes beyond mere preparation.

Question 64

What is the Wharton Rule? | Conspiracy

Answer 64

At common law, conspiracies had to be bilateral (two or more people intend to form a conspiracy), and under the WHARTON RULE, if a crime required two or more participants, there would be no conspiracy unless more parties than are necessary to complete the crime agreed to commit it. At common law, the conspiracy was complete as soon as the parties entered into an agreement, so withdrawal was not a defense. Modernly, a defendant can be guilty of a unilateral conspiracy. And it is complete when the overt act is committed, so prior to that time a conspirator can withdraw by notifying the other co-conspirators or the police.

Question 65

Merger Doctrine | Criminal Law

Answer 65

Under the merger doctrine, two or more offenses merge into one, preventing the defendant from being prosecuted separately for each crime. Inchoate offenses of solicitation and attempt (but not conspiracy) merge into the actual crime if it is committed. Lesser included offenses (crimes all of whose elements are also elements of a greater crime) merge into the greater crime, including underlying felonies under the FMR.

Question 66

When does a person have a right to self-defense? Are there restrictions on the methods of self-defense? When, if ever, is deadly force ok?

Answer 66

A person has the right to self-defense to protect himself against unlawful force, but the amount of force used must be proportionate to the provoking offense. Deadly force may only be used when the defendant reasonably believes he faces imminent death or grievous bodily harm.

Question 67

Defense of others: - how much force is ok? - when is it ok?

Answer 67

A person may use reasonable force to defend another when he reasonably believes that the other person would be justified in using that force to defend himself. A reasonable but mistaken belief that the other would be entitled to self-defense will still be effective as a defense.

Question 68

Can you use deadly force to protect your property?

Answer 68

A person has the right to use reasonable non-deadly force to protect his personal or real property from trespass or unlawful interference. Deadly force is never permitted. (unless you're in TX, or a castle state)

Question 69

M'Nagthen Insanity Test

Answer 69

Defendant must show that he suffered from a mental illness that caused a defect in his reasoning abilities, resulting in him (1) not understanding the nature and quality of his act, or (2) not understanding that his act was wrong.

Question 70

Irresistible Impulse Insanity Test

Answer 70

Defendant must show that due to a mental illness, he was (1) unable to control his actions, or (2) unable to conform his conduct to the law.

Question 71

Durham Insanity Test

Answer 71

Defendant must show that but-for his mental illness, the defendant would not have committed the crime.

Question 72

When can you use involuntary intoxication as a defense?

Answer 72

Involuntary intoxication (caused by duress or unknowing ingestion) may be a defense to any crime. When intoxication is sufficiently severe, it can also lead to insanity. [Do insanity analysis]

Question 73

Can necessity be a valid defense to a crime?

Answer 73

Sometimes, yes. Necessity can be a valid defense when the defendant reasonably believed that commission of the crime was necessary to avoid an imminent and greater injury to society.

Question 74

Duress - what is it? - can it be used as a defense to a murder?

Answer 74

Duress is a third party’s unlawful threat that causes the defendant to reasonably believe that the only way to avoid death or serious bodily injury to himself or another is to commit the crime. Duress is never a defense to intentional murder (but can be to the Felony Murder Rule).

Question 75

When is a warrant valid? | UPP

Answer 75

A warrant is valid if it is issued by an [U]nbiased magistrate and it is supported by [P]robable cause and [P]articularity. An informant or an anonymous tip can provide probable cause if the tip is reliable.

Question 76

What effect does a violation of the 4th Amendment have on evidence obtained?

Answer 76

If evidence is obtained in violation of the 4th Amendment, it is generally EXCLUDED. But indirectly obtained evidence from the violation may be admitted if 1) the discovery was inevitable; 2) if an independent source would have revealed the evidence; 3) or the taint of the unlawful search disappears

Question 77

Can you admitted evidence indirectly obtained during a violation of the 4th Amendment?

Answer 77

Indirectly obtained evidence from the violation may be admitted if 1) the discovery was inevitable; 2) if an independent source would have revealed the evidence; 3) or the taint of the unlawful search disappears

Question 78

For a Terry stop, the officer needs _____________ [standard]. BUT for a Terry frisk, the officer needs _____________ [standard].

Answer 78

Terry Stop: The officer needs REASONABLE SUSPICION that criminal activity is afoot. (Stop must be brief). Terry Frisk - The officer needs REASONABLE BELIEF that the suspect is armed and dangerous. (May only frisk for weapons)

Question 79

When do 5th Amendment Miranda rights attach?

Answer 79

When there is a custodial interrogation.

Question 80

What effect does violation of 5th Amend Miranda rights have on the evidence obtained?

Answer 80

If Miranda is violated, incriminating statements may not be used in the prosecutor's case-in-chief, but may be used to impeach the defendant. Physical fruits of voluntarily made incriminating statements may be admitted.

Question 81

When is murder reduced to voluntary manslaughter due to an imperfect defense?

Answer 81

When the defendant argues that his deadly force was necessary in defense of himself or others, but 1) the defendant started the altercation OR 2) the defendant unreasonably and honestly believed in the necessity of using deadly force.

Question 82

What are the six elements of common-law larceny?

Answer 82

1) trespassory 2) taking and 3) carrying away 4) of the personal property 5) of another 6) with the intent to permanently deprive that person of the property Note: Larceny is a specific intent crime

Question 83

What are the four common-law elements of battery?

Answer 83

Battery is the: 1) Unlawful; 2) Application of force; 3) To another person; 4) That causes bodily harm to that person or constitutes an offensive touching. Note: Battery is a general-intent crime.

Question 84

What is an accessory after the fact?

Answer 84

A person who aids or assists a felon to avoid apprehension or conviction after commission of the felony; the person must know a felony has been committed, and is only liable for a separate crime.

Question 85

What are the common-law elements of burglary?

Answer 85

1) Breaking and Entering; 2) Of the dwelling 3) Of another; 4) At nighttime; 5) With the specific intent to commit a felony therein.

Question 86

What is involuntary manslaughter?

Answer 86

Unintentional homicide committed: With criminal negligence (or recklessness under the MPC); OR During an unlawful act

Question 87

What mental states does "malice aforethought" include?

Answer 87

Malice aforethought includes the following mental states: intent to kill, intent to do serious bodily injury, reckless indifference to an unjustifiably high risk to human life (depraved heart), or intent to commit certain felonies (felony murder)

Question 88

A husband and wife own a home together. The police suspect that the husband is hiding stolen goods in his home. If both the husband and wife are home when the police come to search, may the wife consent to the search over her husband's (i.e. the potential defendant's) objection.

Answer 88

No. When property to be searched is under the joint control of the defendant and a third party (e.g., a house jointly owned by a husband and wife), the authority of the third party to consent turns on whether the defendant is present at the time of the search.

Question 89

Generally, is there a 6th Amend right to counsel in photo array identification procedures?

Answer 89

No. But police have to turn over photo array to counsel later

Question 90

After indictment does the D have a lawyer present as line up identification procedures?

Answer 90

Yes because D has been indicted. (No right to have counsel at pre-indictment line-up) AND if counsel not present then the evidence from the line up may be excluded from evidence if the lineup was impermissibly suggestive

Question 91

Exclusionary Rule (Generally)

Answer 91

Evidence obtained illegally in the violation of the D's 4th, 5th, and 6th Amendment rights is inadmissible in the criminal trial of the D. - Remember D needs standing to challenge

Question 92

If driver is of a car is arrested w/o probable cause, the passengers are deemed to be seized as well and can challenge the constitutionality of the stop and seek to exclude items uncovered in the stop. This is a summary of an exception to what rule?

Answer 92

Exclusionary Rule

Question 93

What does the doctrine of the Fruit of the Poison Tree stand for?

Answer 93

A doctrine that extends the exclusionary rule to make evidence inadmissible in court if it was derived from evidence that was illegally obtained. As the metaphor suggests, if the evidential "tree" is tainted, so is its "fruit."

Question 94

If the police have a warrant but fail to Knock and Announce is the evidence seized admissible?

Answer 94

Yes, under the Knock and Announce exception to the Exclusionary Rule

Question 95

What are the 5 exceptions to the Exclusionary Rule?

Answer 95

1) Knock and Announce 2) Independent Source Rule 3) Inevitable Discovery 4) Attenuation in the Causal Chain 5) Officer's Good Faith Exception, e.g. such as conducting a search based on a warrant not defective on its face, or arrest based on a law later deemed unconstitutional

Question 96

A question asks whether a conviction should be overturned because of a problematic seizure or violation of 4th, 5th, or 6th Amendment rights. What next?

Answer 96

Think of the Harmless Error Rule. Ask whether if the evidence had not be admitted would it have made a difference to the conviction. The burden is on the prosecutor to show that it would not have. It the improperly obtained evidence would not have made a difference, i.e. was a harmless error, then the conviction can stand. If not the conviction should be overturned.

Question 97

What does the 8th amendment prohibit?

Answer 97

Excessive bail

Question 98

What is curtilage?

Answer 98

The immediate area surrounding the home. Reasonable expectation of privacy there.

Question 99

Does using a drug detection dog constitute a search

Answer 99

Yes

Question 100

Does using a drug detection dog constitute a search

Answer 100

Yes - if physically intrudes onto the constitutionally protected property

Question 101

Is there a reasonable expectation of privacy in odors emanating from a car?

Answer 101

Nope

Question 102

Is there a reasonable expectation of privacy in luggage?

Answer 102

REP for invasive searches, but not for drug dog sniffs

Question 103

Is there a reasonable expectation of privacy in open areas (outside curtilage)?

Answer 103

No.

Question 104

A police uses a sense-enhancing device that is not used by the general public. Is this a search under the 4th Amendment?

Answer 104

Yes.

Question 105

A government agent attaching a tracking device to a person without his or her consent. Is this a search under the 4th Amendment?

Answer 105

Yes.

Question 106

Does a police/FBI agent need a warrant to collect cell-site location from a wireless carrier to track a person?

Answer 106

Yes.