Fourth Amendment - What is a search?

Question 1

What does the Fourth Amendment apply to?

Answer 1

Government Action

Question 1

How was the Fourth Amendment originally triggered?

Answer 1

If the government trespassed on an individual’s property rights.

Question 2

Justice Harlan’s Concurrence in Katz indicated what?

Answer 2

A Fourth Amendment search occurs when the government violates (1) a subjective expectation of privacy that (2) society recognizes as reasonable.

Question 3

What were the facts of Katz?

Answer 3

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.

Question 4

Is a pen register (phone numbers dialed) a search?

Answer 4

No. Smith v. Maryland. A person has no reasonable expectation of privacy in info he voluntarily turns over to third parties.

Question 5

Ariel Surveillance of private homes and surrounding areas a search?

Answer 5

No. Ciraolo (flying over yard at 1,000 foot).

Question 6

Is using a thermal gun a search?

Answer 6

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.

Question 7

(dog sniff) luggage?

Answer 7

OK. Place case.

Question 8

(dog sniff) Sniff of trunk during a lawful traffic stop.

Answer 8

OK. IL. v. Caballes.

Question 9

Curtilage. 4 Dunn factors.

Answer 9

(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

Question 10

Exclusionary rule

Answer 10

when the 4th Amendment is violated evidence is excluded.

Question 11

Mapp v. Ohio

Answer 11

Evidence collected in violation of constitutional rights must be thrown out.

Question 12

Jones case. Does the government installation of a GPS device on the target’s vehicle to monitor the vehicle’s movements constitute a search?

Answer 12

Yes. Answered using the traditional trespass doctrine. When the government physically invades personal property to gather information a search has occurred.

Question 13

Does the length of time matter for Katz reasonableness?

Answer 13

Yes.

Question 14

Knotts case (beeper in chloroform) a search?

Answer 14

No. Public roads.

Question 15

Karo (beeper in ethanol a search?)

Answer 15

Yes bc went to private residence, reasonable expectation of privacy.

Question 16

Open fields doctrine

Answer 16

Oliver. No search.

Question 17

(trash) Ca v. Greenwood

Answer 17

No reasonable expectation of privacy for trash at the curb. Some states have different versions of privacy.

Question 18

The 2 ways to classify a search?

Answer 18

Trespass - physical intrusion on personal property.
Justice Harlan’s Katz concurrence - subjective expectation of privacy that society recognizes as reasonable.

Question 19

Cell phone pings, constitute a search?

Answer 19

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

Question 20

Third Party Doctrine

Answer 20

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.

Question 21

Smith & Miller

Answer 21

Held that a bank account holder enjoys no reasonable expectation of privacy in the bank’s records of his account activity.

Question 22

Florida v. Jardines

Answer 22

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).

Question 23

T/F Curtilage is a part of the home itself for 4th Amendment purposes

Answer 23

T

Question 24

What is curtilage

Answer 24

The area immediately surrounding and associated with the home.

Question 25

(T/F) A license may not be implied from the habits of the country.

Answer 25

F

Question 26

Typical license to knock?

Answer 26

Permits visitor to visit the home by the front path, knock briefly, wait briefly, and then leave absent invite.

Question 27

Searches & seizures must be supported by what?

Answer 27

Probable cause.

Question 28

Definition of PC:

Answer 28

exits where the facts & circumstances within [the officers’] knowledge and of which they [have] reasonably trustworthy info [are] sufficient in themselves to warrant a man of reasonable caution in the belief that [an offense has been or is being committed” by the person to be arrested. Brinegar v. United States.

Question 29

PC for search.

Answer 29

Evidence subject to seizure will be found in the place to be searched. Otherwise same as PC normally.

Reasonable suspicion of danger

Question 30

Aguilar

Answer 30

If the affidavit rests on hearsay, the informant must declare either that (1) he himself saw or perceived the fact or facts asserted; or (2) that his information is hearsay, but there is good reason for believing it–perhaps one of the usual grounds for crediting hearasay information.

Question 31

Aguliar-Spinelli

Answer 31

Magistrate must
(1) assess the credibility of the source & (veracity & credibility)
(2) then weigh the info furnished if he believes it to be true (basis of knowledge)

BOTH PRONGS!

VCB

Question 32

Illinois v. Gates

Answer 32

totality of circumstances analysis. do not have to have both prongs satisfied entirely. Traveling to FL–there was PC ans warrant was proper. Enough facts here.

Question 33

Probable cause standard

Answer 33

circumstances which warrant suspicion.