Fourth Amendment - What is a search? Flashcards
What does the Fourth Amendment apply to?
Government Action
How was the Fourth Amendment originally triggered?
If the government trespassed on an individual’s property rights.
Justice Harlan’s Concurrence in Katz indicated what?
A Fourth Amendment search occurs when the government violates (1) a subjective expectation of privacy that (2) society recognizes as reasonable.
What were the facts of Katz?
Katz (defendant) was convicted of violating federal gambling laws. Recordings were obtained after the FBI placed a wire-tap on the outside of the public phone booth where Katz placed the call and placed into evidence.
Is a pen register (phone numbers dialed) a search?
No. Smith v. Maryland. A person has no reasonable expectation of privacy in info he voluntarily turns over to third parties.
Ariel Surveillance of private homes and surrounding areas a search?
No. Ciraolo (flying over yard at 1,000 foot).
Is using a thermal gun a search?
Yes! Kyllo. Obtaining (1) by sense-enhancing technology (2) any info re: the interior of the home (3) that could not otherwise have been obtained without physical intrusion into a constitutionally protected area (4) at least where the technology in question is not in general public use.
SIPG- Sure, if p good.
(dog sniff) luggage?
OK. Place case.
(dog sniff) Sniff of trunk during a lawful traffic stop.
OK. IL. v. Caballes.
Curtilage. 4 Dunn factors.
(1) the proximity of the area to the home; (2) whether the area is included within an enclosure surrounding the home; (3) the nature of the uses to which the area is put; and (4) the steps taken to protect the area from observation by people passing by.”
PENS
Exclusionary rule
when the 4th Amendment is violated evidence is excluded.
Mapp v. Ohio
Evidence collected in violation of constitutional rights must be thrown out.
Jones case. Does the government installation of a GPS device on the target’s vehicle to monitor the vehicle’s movements constitute a search?
Yes. Answered using the traditional trespass doctrine. When the government physically invades personal property to gather information a search has occurred.
Does the length of time matter for Katz reasonableness?
Yes.
Knotts case (beeper in chloroform) a search?
No. Public roads.
Karo (beeper in ethanol a search?)
Yes bc went to private residence, reasonable expectation of privacy.
Open fields doctrine
Oliver. No search.
(trash) Ca v. Greenwood
No reasonable expectation of privacy for trash at the curb. Some states have different versions of privacy.
The 2 ways to classify a search?
Trespass - physical intrusion on personal property.
Justice Harlan’s Katz concurrence - subjective expectation of privacy that society recognizes as reasonable.
Cell phone pings, constitute a search?
Carpenter v. United States, Yes. An individual maintains a legit expectation of privacy in the record of his physical movements as captured. NOT extending third party doctrine.
Society - law enforcement would/could not secretly monitor and catalogue every single movement of an individual’s care for a long period. “Privacy of life.”
Factors: (1) The revealing nature of the data @ issue
(2) the amount of data collected
(3) the automatic nature of the data disclosure.
RAN
Third Party Doctrine
The third-party doctrine is a legal doctrine that holds that people who voluntarily give information to third parties have no reasonable expectation of privacy in that info.
Smith & Miller
Held that a bank account holder enjoys no reasonable expectation of privacy in the bank’s records of his account activity.
Florida v. Jardines
Police do not have to shield their eyes, although it is a search/physical intrusion by using a drug dog by the front door (traditional property based approach).
T/F Curtilage is a part of the home itself for 4th Amendment purposes
T
