Seaches Flashcards
Jones v US
Physical Intrusion
Facts: Police placed GPS on D’s car
Holding: 4A violated: car = effect
Florida v Jardines
Physical Intrusion - Floridas got drugs and dogs
Facts: Police got a tip that D was growing weed in his home. Police took a drug sniffing dog to D’s front porch
Holding: 4A violated - physical intrusion of curtilage
Can police go to the door and knock (just like the girl scouts or trick or treaters)?
Yes
Oliver v US
Oliver = Open
Open Field Doctrine
Facts: D had “no trespass” signs on his farm, but police went in anyways
Holding: 4A NOT violated - open field
Do you have legitimate privacy interest if you’re doing something illegal?
no
What is curtilage? US v Dunn - 4 Factors
= area immediately surrounding the home
(1) Proximity
(2) Whether the area is included within an enclosure surrounding the home
(3) Nature of the uses
(4) Steps taken by resident to protect area from observation
Is open fields a constitutionally protected area?
NO
Under the 3rd Party doctrine, there is _____ a reasonable expectation of privacy
not
US v White
White heard me through the radio
Facts: cops overheard D using a radio receiver
Holding: No search - 3rd party doctrine
Are going through financial records at a bank = search (US v Miller)
No, 3rd party doctrine
Are the use of pen registers a search? (Smith v Maryland)?
No, 3rd party doctrine
Knotts/ Karo
beeper tracking cases - No search, because placing beepers on drug cans, not owned by D, was okay because there still could have been visual surveillance of the drivers route
Carpenter v US
Carpenter’s Celllllyyy
3rd party doctrine
Facts: cops obtained cell site information to track a person
US v Dunn
Dunna touch my curtilage
Facts: Farmer had a barn and had mesh curtains up, but police looked through
Holding: No search, using the REP test, the 2nd prong wasn’t met
Hypo: Ludacris has a house on an open field and has chains and 3 trespass signs and every 60 seconds he plays “move bitch get out the way” and police ignore all these things. Was there a search
Under Dunn - No search because 2nd prong not satisfied in REP test
Does searching trash = a search?
California v Greenwood
No search - no expectation of privacy because it is exposed to public
Police squeezing bags in public/on a bus = a search?
Yes
Is ariel surveillance a search?
No - Florida v Riley and Cal v Ciraolo
California v Ciraolo
Circ de solieu is okay
Ariel Surveillance
Facts: D had put 2 high fences up to conceal backyard from ground observation. But police used an ariel flight to find D was growing weed
Holding: No search - no expectation of privacy against ariel surveillance
Florida v Riley
Riley likes to fly
Facts: police flew a helicopter above D’s property
Holding: No search, uses empirical test: if it is possible for anyone in the public to have access to the info, then no search
US v Place
Facts: dog sniffed a closed luggage at an airport
Holding: No search
Illinois v Caballes
Facts: Dog sniff of cars at a traffic stop
Holding: No search
Are investigations by private citizens a search?
No, only state action is protected by 4A
Kyllo v US
Thermal Detection
Facts: police used thermal detection of a persons house to find drugs
Holding: Search, because was used to obtain info that could not be obtained without trespass into the home
Do you need RS or PC to search a probationer’s home
RS; When officer has reasonable suspicion that a probationer subject to a search condition is engaged in crime, there is enough likelihood that criminal conduct is occurring that an intrusion on the probationers significantly diminished privacy interests is reasonable
Are suspicionless searches of parolees reasonable?
Yes, there privacy interest are diminished because their liberty is conditional
