Search

Question 1

The Third Party Doctrine

Answer 1

No reasonable expectation of privacy over things
voluntarily turned over to third parties (or made public)

Question 2

Threshold Questions

Who is conducting the action?

Answer 2

• Police?
• Private Actor?

Question 3

Threshold Questions

If the action is a search under the 4th Amendment, is the search reasonable?

Answer 3

1. Based on probable cause/ supported by warrent
2. Or uder one of the established exceptions to the warrant requirement

Question 4

Is it Cutilage?

Answer 4

• Is the area so intimately tied to the house under the umbrella of 4 factors:
  1. Proximity to the home
  2. Area is included within the enclosure of the home
  3. Nature of teh uses within the area
  4. Steps to prevent the area from observation (knowingly exposing the area to the public)
• Open fields doctrine

Question 5

Two ways to get a search

Answer 5

1. Reasonable expectation of privacy
2. a trespass

Question 6

Is it curtilage?

• put a fense around miles of land

Answer 6

police still able to step over fense and check out open field/woods away from home and its not a search

Question 7

Home definition

Answer 7

sleep there for a night

Question 8

Warehouse in a open field

Answer 8

• can look in, cannot go in
• if someone sleeps in it, it now becomes a home

Question 9

common law trespass and searches

Answer 9

can common law trespass and have a search

Question 10

Public use v. public availability of a device

Answer 10

public availabilty more important

Question 11

2 questions to ask if it is a trespass

Answer 11

1. is it a protected area?
2. was the invasion accomplished “through physical intrusion” meaning, was the person invited/given a lisence to enter property

Question 12

is it a protected area?

the home

Answer 12

yes

Question 13

is it a protected area?

curtilage

Answer 13

“We therefore regard the area ‘immediately surrounding and associated with the home’ – what our cases call the curtilage – as part of the home itself for Fourth Amendment purposes”

Question 14

is it a protected area?

Open Fields

Answer 14

even if “owned,” generally not a protected area

Question 15

was the invasion accomplished “through physical intrusion;” meaning, was the person invited/given a license to enter property

Answer 15

“Scope of a license-express or implied-is limited not only to a particular area, but also a specific purpose”

Question 16

Scope of a licesnce - express or implied is limited to

Answer 16

1. a particular area
2. a specific purpose

Question 17

Collins v. Virginia (2018)

issue, holding

Answer 17

• 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

Question 18

Curtilage/Trespass relates to whther its a

Answer 18

search, not whether its a reasonable search

Question 19

Reasonableness: Return to the rationale for the
automobile exception:

Answer 19

• mobility
• diminished privacy interest due to excessive regulation

Question 20

If a search is under resonable expectation of privacy…

Answer 20

• be aware of the third party docrine
• but make sure to consider the carpender balencing test