Intro Video (covered over multiple modules) Flashcards
The initial question is “Does the _______ ________ apply to this law enforcement investigation tool?”
4th Amendment
The initial question is “Does the 4th Amendment apply to this _______ _______ _________ _________.”
law enforcement investigation tool
The initial question is:
Does the 4th Amendment apply to this law enforcement investigation tool?
The 4th Amendment has 2 clauses:
1.
2.
- The reasonableness clause
- The warrant clause
If the first clause applies and the activity is considered a ______, the second clause essentially requires a _____ issued with:
1. Probable Cause
2. Supported by oath or affirmation
3. And particularly describing the places to be searched and the persons or things to be seized.
search
warrant
If the first clause applies and the activity is considered a search, the second clause essentially requires a warrant issued with:
1. ?
2.
3.
- Probable Cause
If the first clause applies and the activity is considered a search, the second clause essentially requires a warrant issued with:
1.
2. ?
3.
- Supported by oath or affirmation
If the first clause applies and the activity is considered a search, the second clause essentially requires a warrant issued with:
1.
2.
3. ?
- And particularly describing the places to be searched and the persons or things to be seized.
A _______ must be signed by a judge.
warrant
A warrant must be signed by a _______.
judge
Determining Whether an Activity Violated a Person’s Fourth Amendment Right:
1.
2.
- Does the Fourth Amendment Apply?
- Is this a Search under the Fourth Amendment?
Does the Fourth Amendment apply?
The conduct in question must be _________, not private.
governmental
The conduct in question must be governmental, not private.
Factors to Consider:
1. _________ _______ ______ of the government with respect to a private party’s action.
2.
Motive, encouragement, knowledge
The conduct in question must be governmental, not private.
Factors to Consider:
1. ?
2.
- Motive, encouragement, knowledge of the government with respect to a private party’s action.
The conduct in question must be governmental, not private.
Factors to Consider:
1. Motive, encouragement, knowledge of the government with respect to a private party’s action.
2. The _________ underlying the ______ ______ _______.
purpose
private party’s action
Is this a search under the 4th Amendment?
Two cases to being the inquiry:
1.
2.
- Katz
- Jones
Is this a search under the 4th Amendment?
Two cases to being the inquiry:
1. Katz.
(1) ?
(2)
2.
(1) Did the search violate the defendant’s subjective expectation of privacy?
Is this a search under the 4th Amendment?
Two cases to being the inquiry:
1. Katz.
(1)
(2) ?
2.
(2) Is that expectation of privacy one that society would consider reasonable?
Is this a search under the 4th Amendment?
Two cases to being the inquiry:
1. Katz.
(1) ?
(2) ?
2.
(1) Did the search violate the defendant’s subjective expectation of privacy?
(2) Is that exception one that society would consider reasonable?
Is this a search under the 4th Amendment?
Two cases to being the inquiry:
1. Katz.
2. Jones. ??
Trespass of a person, house, paper or effect is deemed a search.
Jones: Trespass of a person, house, paper or effect is deemed a ______.
search
During the course, go through the cases related to whether something is a “search” or “not a search” to find language the Court uses in determining whether an activity is, in fact, a search. !!
!!
With increasing technological advances, lawyers are faced with an enormous amount of evidence from data complied from many places inside and outside the home. Using Supreme Court precedent, you can and should try to determine whether law enforcement’s activities are covered by the 4th Amendment. !!
!!
What a person ___________ exposes to the public, even in his own home or office, is not subject to _____ ____________ protection.
knowingly
4th Amendment
What a person knowingly ________ to the _______, even in his own home or office, is not subject to 4th Amendment ________.
exposes
public
protections
What a ________ ________ exposes to the public, even in his own _____ or ______, is not subject to 4th Amendment protections.
person knowingly
home or office
What a person seeks to ________ ____ _________, even in an area accessible to the public may be constitutionally protected.
preserve as private
What a person seeks to preserve as private, even in an _____ ________ to the ______ may be constitutionally protected.
area accessible
public
