Intro Video (covered over multiple modules)

Question 1

The initial question is “Does the _______ ________ apply to this law enforcement investigation tool?”

Answer 1

4th Amendment

Question 2

The initial question is “Does the 4th Amendment apply to this _______ _______ _________ _________.”

Answer 2

law enforcement investigation tool

Question 3

The initial question is:

Answer 3

Does the 4th Amendment apply to this law enforcement investigation tool?

Question 4

The 4th Amendment has 2 clauses:
1.
2.

Answer 4

1. The reasonableness clause
2. The warrant clause

Question 5

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.

Answer 5

search

warrant

Question 6

If the first clause applies and the activity is considered a search, the second clause essentially requires a warrant issued with:
1. ?
2.
3.

Answer 6

1. Probable Cause

Question 7

If the first clause applies and the activity is considered a search, the second clause essentially requires a warrant issued with:
1.
2. ?
3.

Answer 7

2. Supported by oath or affirmation

Question 8

If the first clause applies and the activity is considered a search, the second clause essentially requires a warrant issued with:
1.
2.
3. ?

Answer 8

3. And particularly describing the places to be searched and the persons or things to be seized.

Question 9

A _______ must be signed by a judge.

Answer 9

warrant

Question 10

A warrant must be signed by a _______.

Answer 10

judge

Question 11

Determining Whether an Activity Violated a Person’s Fourth Amendment Right:
1.
2.

Answer 11

1. Does the Fourth Amendment Apply?
2. Is this a Search under the Fourth Amendment?

Question 12

Does the Fourth Amendment apply?

The conduct in question must be _________, not private.

Answer 12

governmental

Question 13

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.

Answer 13

Motive, encouragement, knowledge

Question 14

The conduct in question must be governmental, not private.

Factors to Consider:
1. ?
2.

Answer 14

1. Motive, encouragement, knowledge of the government with respect to a private party’s action.

Question 15

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 ______ ______ _______.

Answer 15

purpose

private party’s action

Question 16

Is this a search under the 4th Amendment?
Two cases to being the inquiry:
1.
2.

Answer 16

1. Katz
2. Jones

Question 17

Is this a search under the 4th Amendment?
Two cases to being the inquiry:
1. Katz.
(1) ?
(2)
2.

Answer 17

(1) Did the search violate the defendant’s subjective expectation of privacy?

Question 18

Is this a search under the 4th Amendment?
Two cases to being the inquiry:
1. Katz.
(1)
(2) ?
2.

Answer 18

(2) Is that expectation of privacy one that society would consider reasonable?

Question 19

Is this a search under the 4th Amendment?
Two cases to being the inquiry:
1. Katz.
(1) ?
(2) ?
2.

Answer 19

(1) Did the search violate the defendant’s subjective expectation of privacy?

(2) Is that exception one that society would consider reasonable?

Question 20

Is this a search under the 4th Amendment?
Two cases to being the inquiry:
1. Katz.
2. Jones. ??

Answer 20

Trespass of a person, house, paper or effect is deemed a search.

Question 21

Jones: Trespass of a person, house, paper or effect is deemed a ______.

Answer 21

search

Question 22

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. !!

Answer 22

!!

Question 23

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. !!

Answer 23

!!

Question 24

What a person ___________ exposes to the public, even in his own home or office, is not subject to _____ ____________ protection.

Answer 24

knowingly

4th Amendment

Question 25

What a person knowingly ________ to the _______, even in his own home or office, is not subject to 4th Amendment ________.

Answer 25

exposes

public

protections

Question 26

What a ________ ________ exposes to the public, even in his own _____ or ______, is not subject to 4th Amendment protections.

Answer 26

person knowingly

home or office

Question 27

What a person seeks to ________ ____ _________, even in an area accessible to the public may be constitutionally protected.

Answer 27

preserve as private

Question 28

What a person seeks to preserve as private, even in an _____ ________ to the ______ may be constitutionally protected.

Answer 28

area accessible

public