Katz and Jones Fill in the Blank Cheat Sheet

Question 1

“When does the 4th Amendment apply?”
1. ?
2.

Answer 1

1. The conduct in question must be governmental

Question 2

“When does the 4th Amendment apply?”
1.
2. ?

Answer 2

2. The conduct in question must be a search.

Question 3

Two factors to consider in determining whether the private party is acting as an instrument of the state are:
1. the _____ of government ______, ________, and or _______ with regard to the private actor’s conduct; and
2.

Answer 3

degree

encouragement

knowledge

acqueisance

Question 4

Two factors to consider in determining whether the private party is acting as an instrument of the state are:
1. the degree of ___________ encouragement, knowledge, and or acquiescence with regard to the ________ ________ _______; and

Answer 4

government

private actor’s conduct

Question 5

Two factors to consider in determining whether the private party is acting as an instrument of the state are:
1. the degree of government encouragement, knowledge, and or acquiescence with regard to the private actor’s conduct; and
2. the ________ _________ the private party’s action (was he pursuing a governmental interest?) or did he act to promote his own personal or business objectives.

Answer 5

purpose underlying

Question 6

Two factors to consider in determining whether the private party is acting as an instrument of the state are:
1. the degree of government encouragement, knowledge, and or acquiescence with regard to the private actor’s conduct; and
2. the purpose underlying the ______ ______ ________ (was he pursuing a governmental interest?) or did he act to promote his own personal or business objectives.

Answer 6

private party’s action

Question 7

Two factors to consider in determining whether the private party is acting as an instrument of the state are:
1. the degree of government encouragement, knowledge, and or acquiescence with regard to the private actor’s conduct; and
2. the purpose underlying the private party’s action (was he pursuing a ________ ______?) or did he act to promote his own ________ or ________ objectives.

Answer 7

governmental interest

personal or business

Question 8

Government’s eavesdropping activities violated the privacy upon which petitioner justifiably relied while using the telephone booth, and thus constituted a “search and seizure” within the meaning of the 4th Amendment. What case?

Answer 8

Katz v. United States