Is it a search? -Cases

Question 1

Katz v. US (1967)

Issue, Holding, Rule

Answer 1

• Issues: Whether the police actions - placing an electronic
  listening device on phone booth- amounted to a search
  under 4thAmendment
• Holding: Police Conduct here does consitute a “search”
• Rule: “what he seeks to preserve as private, even in an area
  accessible to the public, may be constitutionally protected”

telephone booth case

Question 2

Katz Test

Reasonable Expectation of Privacy

Answer 2

• Individual must have exhibited an actual (subjective) expectation of privacy
• That expectation is one that “society is prepared to recognize as reasonable”

Question 3

Under Katz if the belief is a reasonable one…

Answer 3

It is a search requiring a warrent

Question 4

Smith v. maryland (1979)

Issue, Holding

Answer 4

• Issue: Whether the installation and use of a pen register constitutes a search within the meaning of the 4th Amendment
• Holding:
  1. No subjective or objective expectation of privacy, thus not a search
  2. “A person has no legitimate expectation of privacy in information he voluntarily turns over to third parties”

woman robbed, police put pen register on assilants phone line at the

phone company, company allowed.

Question 5

Smith v. Maryland

The Third Party Doctrine

subjective and objective prong

Answer 5

• Subjective Prong
  1. Everyone knows the phone companies are using them
  2. Users know they share this information with the phone company and the phone company often records them
• Objective Prong
  1. “a person has no
  legitimate expectation of privacy in information he voluntarily
  turns over to a third party”

Question 6

California v. Greenwood (1984)

Issue, Holding

Answer 6

• Issue: Whether the search of the Defendant’s garbage constituted a search under the 4th Amendment
• Holding
  1. No reasonable expectation of privacy, thus not a search
  2. “A person has no legitimate expectation of privacy in information he voluntarily turns over to third parties”

Trash Case

Question 7

What constitutes a search under the 4th Amendment:

under Katz, Greenwood, White

Answer 7

1. Police/State Action
2. Involving an item or action that a person has a reasonable expectation of privac regarding
3. Third Party Doctrine - No reasonable expectation of privacy over things voluntarily turned over to third parties (or made public)

Question 8

California v. Greenwood

How is trash an unreasonable Exception

Answer 8

1. Trash placed on the street
2. Expected garbage collector to pick it up
3. would be mingled with other peoples trash
4. is suseptiable to “animals, children, scavengers, snoops, other members of public.”
5. put out there with intent to convey to third part
6. Police can’t avert their eyes from
   evidence of criminal activity that
   could have been observed by the
   public

Question 9

Flordia v. Riley (1989)

Issue, Holding

Answer 9

Issue: Whether surveillance of the interior of a partially covered greenhouse in a residential backyard from the vantage point of a helicopter located 400 feet above the greenhouse constituted a search
Holding:
1. No expectation of privacy in the public airwas at this altitude
2. “Any member of the public could legally have been flying over Riley’s property in a helicopter at the altitude of 400 feet”

Helicopter case

Question 10

Collins v. Virginia (2018)

issue, holding

Answer 10

• Issue: Whether the automobile exception to the 4th Amendment permits the police to enter the curtilage of a home in order to search a vehicle parked therein without a warrant
• Holding: No – the automobile exception does not allow for warrantless searches of vehicles parked within the curtilage of the home

look at motorcycle in garage by pulling tarp off of it