Search Cases- General

Question 1

2 Cases for Protected Areas and Interests: The Katz Test

Answer 1

1. Katz v. United States
2. United States v. White

Question 2

Case for Third Party Doctrine

Answer 2

Smith v. Maryland

Question 3

This is Garbage Case

Answer 3

California v. Greenwood

Question 4

Aerial Survaillance Case

Answer 4

Flordia v. Riley

Question 5

2 Katz and New Technology: Back to the Future - The Return of Trespass

Answer 5

1. Kyllo v. US
2. US v. Jones

Question 6

Analysis- Is it a search?

1. Who is doing the action?
2. No police Involvement

Answer 6

No search

Question 7

Analysis- is it a search

• Who is doing the Action?
• Police Involvement
• Trespass/Physical Intrusion?
• Yes.

Answer 7

Apply Jones

Question 8

Flowchart - Is it an analysis?

• Who is doing the Action?
• Police Involvement
• Trespass/Physical Intrusion?
• No.

Answer 8

Apply Katz
- Ask is it a Reasonable expectation of privacy?

Question 9

Flowchart - Is it an analysis?

• Who is doing the Action?
• Police Involvement
• Trespass/Physical Intrusion?
• No.
• Apply Katz
• Reasonable expectation of Privacy?

Answer 9

1. “no legitimate expectation of privacy in info he voluntarily turns
   over to third parties” – Smith/Greenwood
2. “Expectation of privacy is
   defeated if a single member
   of the public could conceivably position herself to see into the area without doing anything illegal” - Riley
3. “When police use a device that is not in general public use to explore details of a private home that would be previously unknown without physical intrusion, it’s a search” - Kyllo
4. Info voluntarily
   turned over to 3rd parties, but privacy interest outweighs third party transfer so it’s a search- Carpenter