Search or Not a Search Flashcards
In _______: the court found that nothing in the 4th Amendment prohibits the police from augmenting the sensory faculties bestowed upon them at birth with such enhancement as science and technology affords them. Using devices that might magnify a distant object that is otherwise in plain view also doesn’t constitute a search. For example: flashlights, searchlights, or binoculars.
Knotts
In Knotts: the court found that _______ _____ _____ ______ ____ prohibits the police from augmenting the sensory faculties bestowed upon them at birth with such enhancement as science and technology affords them. Using devices that might magnify a distant object that is otherwise in plain view also doesn’t constitute a search. For example: flashlights, searchlights, or binoculars.
nothing in the fourth amendment
In Knotts: the court found that nothing in the 4th Amendment _____ ___ _____- from augmenting the sensory faculties bestowed upon them at birth with such enhancement as science and technology affords them. Using devices that might magnify a distant object that is otherwise in plain view also doesn’t constitute a search. For example: flashlights, searchlights, or binoculars.
prohibits the police
In Knotts: the court found that nothing in the 4th Amendment prohibits the police from ________ the ______ _______ bestowed upon them at birth with such enhancement as science and technology affords them. Using devices that might magnify a distant object that is otherwise in plain view also doesn’t constitute a search. For example: flashlights, searchlights, or binoculars.
augmenting the sensory faculties
In Knotts: the court found that nothing in the 4th Amendment prohibits the police from augmenting the sensory faculties ______ _____ _____ ___ _____ with such enhancement as science and technology affords them. Using devices that might magnify a distant object that is otherwise in plain view also doesn’t constitute a search. For example: flashlights, searchlights, or binoculars.
bestowed upon them at birth
the court found that nothing in the 4th Amendment prohibits the police from augmenting the sensory faculties bestowed upon them at birth with ____ _________ as science and technology affords them. Using devices that might magnify a distant object that is otherwise in plain view also doesn’t constitute a search. For example: flashlights, searchlights, or binoculars.
such enhancement
In Knotts: the court found that nothing in the 4th Amendment prohibits the police from augmenting the sensory faculties bestowed upon them at birth with such enhancement as _______ and ________ affords them. Using devices that might magnify a distant object that is otherwise in plain view also doesn’t constitute a search. For example: flashlights, searchlights, or binoculars.
science and technology
In Knotts: the court found that nothing in the 4th Amendment prohibits the police from augmenting the sensory faculties bestowed upon them at birth with such enhancement as science and technology _______ ______. Using devices that might magnify a distant object that is otherwise in plain view also doesn’t constitute a search. For example: flashlights, searchlights, or binoculars.
affords them
In Knotts: the court found that nothing in the 4th Amendment prohibits the police from augmenting the sensory faculties bestowed upon them at birth with such enhancement as science and technology affords them. _____ _______ that might magnify a distant object that is otherwise in plain view also doesn’t constitute a search. For example: flashlights, searchlights, or binoculars.
Using devices
In Knotts: the court found that nothing in the 4th Amendment prohibits the police from augmenting the sensory faculties bestowed upon them at birth with such enhancement as science and technology affords them. Using devices that might ________ a _______ ______ that is otherwise in plain view also doesn’t constitute a search. For example: flashlights, searchlights, or binoculars.
magnify
distant object
In Knotts: the court found that nothing in the 4th Amendment prohibits the police from augmenting the sensory faculties bestowed upon them at birth with such enhancement as science and technology affords them. Using devices that might magnify a distant object that is otherwise in ______ _______ also doesn’t constitute a search. For example: flashlights, searchlights, or binoculars.
plain view
In Knotts: the court found that nothing in the 4th Amendment prohibits the police from augmenting the sensory faculties bestowed upon them at birth with such enhancement as science and technology affords them. Using devices that might magnify a distant object that is otherwise in plain view also doesn’t constitute a _______. For example: flashlights, searchlights, or binoculars.
search
NOT A SEARCH: In Knotts: the court found that nothing in the 4th Amendment prohibits the police from augmenting the sensory faculties bestowed upon them at birth with such enhancement as science and technology affords them. Using devices that might magnify a distant object that is otherwise in plain view also doesn’t constitute a search. For example:
flashlights, searchlights, or binoculars.
Flashlights, searchlights or binoculars
Nothing in the 4th Amendment prohibits the police from augmenting the sensory faculties bestowed upon them at birth with such enhancement as science and technology affords them.
Using ______ that magnify a distant object otherwise in plain view also doesn’t constitute a search.
devices
Using devices that ______ a _____ ______ otherwise in plain view also doesn’t constitute a search.
magnify
distant object
Using devices that magnify a distant object otherwise in _____ _____ also doesn’t constitute a ______.
plain view
search
______: In a knock and talk, police officers can go to the front door and if you go to the front door, he can use his senses to smell.
Kyllo
Kyllo: In a ____ ___ _____, police officers can go to the front door and if you go to the front door, he can use his senses to smell.
knock and talk
Kyllo: In a knock and talk, _____ ______ can go to the front door and if you go to the front door, he can use his senses to smell.
police officers
Kyllo: In a knock and talk, police officers can go to the ____ ______ and if you go to the ____ _____, he can use his senses to smell.
front door
front door
Kyllo: In a knock and talk, police officers can go to the front door and if you go to the front door, he can use his _____ ___ _____.
senses to smell
___________: Katz had a subjective expectation of privacy when he used the telephone booth because he closed the doors to the telephone booth. It is considered reasonable by society when someone closes the phone booth that they are expecting privacy, so their conversation is not heard. The 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.
Wiretapping
Wiretapping: Katz had a ______ ______ of ________ when he used the telephone booth because he closed the doors to the telephone booth. It is considered reasonable by society when someone closes the phone booth that they are expecting privacy, so their conversation is not heard. The 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.
subjective expectation of privacy
Wiretapping: Katz had a subjective expectation of privacy when he used the telephone booth because he _____ ___ _______ to the ______ ______. It is considered reasonable by society when someone closes the phone booth that they are expecting privacy, so their conversation is not heard. The 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.
closed the doors to the telephone booth
Wiretapping: Katz had a subjective expectation of privacy when he used the telephone booth because he closed the doors to the telephone booth. It is considered ______ ____ ______ when someone closes the phone booth that they are expecting privacy, so their conversation is not heard. The 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.
reasonable by society
Wiretapping: Katz had a subjective expectation of privacy when he used the telephone booth because he closed the doors to the telephone booth. It is considered reasonable by society when someone ________ the ______ ______ that they are expecting privacy, so their conversation is not heard. The 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.
closes the phone booth
Wiretapping: Katz had a subjective expectation of privacy when he used the telephone booth because he closed the doors to the telephone booth. It is considered reasonable by society when someone closes the phone booth that they are expecting privacy, so their conversation is not heard. The Government’s eavesdropping activities _______ the _______ upon which petitioner justifiably relied while using the telephone booth, and thus constituted a search and seizure within the meaning of the 4th Amendment.
violated the privacy
Wiretapping: Katz had a subjective expectation of privacy when he used the telephone booth because he closed the doors to the telephone booth. It is considered reasonable by society when someone closes the phone booth that they are expecting privacy, so their conversation is not heard. The 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.
It would have been a different scenario in Katz if they had hired a ____ _____.
lip reader
Kyllo had a _________ ________ ____ _______ due to the sanctity of the home and the right to retreat to one’s home free from unreasonable intrusion being at the very core of the 4th Amendment. A man’s home is his castle. It is considered reasonable by society when someone is in their home, they are expecting privacy, and the government’s use of the thermal imaging device, a sense-enhancing technology that the general public does not have access to in order to search a home is considered a search under the 4th Amendment.
subjective expectation of privacy
Kyllo had a subjective expectation of privacy due to the _______ of the _______ and the right to retreat to one’s home free from unreasonable intrusion being at the very core of the 4th Amendment. A man’s home is his castle. It is considered reasonable by society when someone is in their home, they are expecting privacy, and the government’s use of the thermal imaging device, a sense-enhancing technology that the general public does not have access to in order to search a home is considered a search under the 4th Amendment.
sanctity of the home
Kyllo had a subjective expectation of privacy due to the sanctity of the home and the ________ to ______ __ ___ ______ free from unreasonable intrusion being at the very core of the 4th Amendment. A man’s home is his castle. It is considered reasonable by society when someone is in their home, they are expecting privacy, and the government’s use of the thermal imaging device, a sense-enhancing technology that the general public does not have access to in order to search a home is considered a search under the 4th Amendment.
right
retreat to one’s home
Kyllo had a subjective expectation of privacy due to the sanctity of the home and the right to retreat to one’s home free from ___________ _________ being at the very core of the 4th Amendment. A man’s home is his castle. It is considered reasonable by society when someone is in their home, they are expecting privacy, and the government’s use of the thermal imaging device, a sense-enhancing technology that the general public does not have access to in order to search a home is considered a search under the 4th Amendment.
unreasonable intrusion
Kyllo had a subjective expectation of privacy due to the sanctity of the home and the right to retreat to one’s home free from unreasonable intrusion being at the very core of the ____ ________. A man’s home is his castle. It is considered reasonable by society when someone is in their home, they are expecting privacy, and the government’s use of the thermal imaging device, a sense-enhancing technology that the general public does not have access to in order to search a home is considered a search under the 4th Amendment.
4th Amendment
Kyllo had a subjective expectation of privacy due to the sanctity of the home and the right to retreat to one’s home free from unreasonable intrusion being at the very core of the 4th Amendment. A man’s home is his _______ It is considered reasonable by society when someone is in their home, they are expecting privacy, and the government’s use of the thermal imaging device, a sense-enhancing technology that the general public does not have access to in order to search a home is considered a search under the 4th Amendment.
castle
Kyllo had a subjective expectation of privacy due to the sanctity of the home and the right to retreat to one’s home free from unreasonable intrusion being at the very core of the 4th Amendment. A man’s home is his castle. It is considered _____ ____ ______when someone is in their home, they are expecting privacy, and the government’s use of the thermal imaging device, a sense-enhancing technology that the general public does not have access to in order to search a home is considered a search under the 4th Amendment.
reasonable by society
Kyllo had a subjective expectation of privacy due to the sanctity of the home and the right to retreat to one’s home free from unreasonable intrusion being at the very core of the 4th Amendment. A man’s home is his castle. It is considered reasonable by society when someone is in their home, they are expecting privacy, and the government’s use of the _______ ______ _______, a sense-enhancing technology that the general public does not have access to in order to search a home is considered a search under the 4th Amendment.
thermal imagining device
Kyllo had a subjective expectation of privacy due to the sanctity of the home and the right to retreat to one’s home free from unreasonable intrusion being at the very core of the 4th Amendment. A man’s home is his castle. It is considered reasonable by society when someone is in their home, they are expecting privacy, and the government’s use of the thermal imaging device, a ____ _____ __________ that the general public does not have access to in order to search a home is considered a search under the 4th Amendment.
sense enhancing technology
Kyllo had a subjective expectation of privacy due to the sanctity of the home and the right to retreat to one’s home free from unreasonable intrusion being at the very core of the 4th Amendment. A man’s home is his castle. It is considered reasonable by society when someone is in their home, they are expecting privacy, and the government’s use of the thermal imaging device, a sense-enhancing technology that the _____ _____ ____ ___ ___ ____ ____ in order to search a home is considered a search under the 4th Amendment.
general public does not have access to
Kyllo had a subjective expectation of privacy due to the sanctity of the home and the right to retreat to one’s home free from unreasonable intrusion being at the very core of the 4th Amendment. A man’s home is his castle. It is considered reasonable by society when someone is in their home, they are expecting privacy, and the government’s use of the thermal imaging device, a sense-enhancing technology that the general public does not have access to in order to search a home is considered a ________ under the _____ ______.
search under the Fourth Amendment
The defendant had a ______ _____ ___ ______ because the general public doesn’t have access to thermal imagining devices. It would not be reasonable to be able to see the intimate activities of the home.
subjective expectation of privacy
The defendant had a subjective expectation of privacy because the _____ ___ _____ ___ _____ to thermal imagining devices. It would not be reasonable to be able to see the intimate activities of the home.
general public doesn’t have access
The defendant had a subjective expectation of privacy because the general public doesn’t have access to thermal imagining devices. It would not be reasonable to be able to see the _____ _______ of the home.
intimate activities
The defendant had a subjective expectation of privacy because the general public doesn’t have access to thermal imagining devices. It would not be reasonable ____________________________________
to be able to see the intimate activities of the home.
If a police officer borrows a rare super-sensitive microphone from the CIA and points it at a living room window from across the street, thereby capturing the window vibrations and listening to the conversations of people inside that is a search. Microphone is _____ and ____________ and was borrowed from CIA. Surly not in general public use. Also overhears conversations in the home, so the invasion of privacy is even worse than that in Katz.
rare and supersensitive
If a police officer borrows a rare super-sensitive microphone from the CIA and points it at a living room window from across the street, thereby capturing the window vibrations and listening to the conversations of people inside that is a search. Microphone is rare and supersensitive and was borrowed from CIA. Surely not in ____ ____ _____. Also overhears conversations in the home, so the invasion of privacy is even worse than that in Katz.
general public use
In ________, the court said that actually putting the device on the exterior of the car constituted a trespass and using that information gained from the tracking device to monitor the person’s movements constitutes a trespass and that triggers the 4th Amendment and is considered a searched. You must get a search warrant if you are going to place a tracking device on an effect like a car.
Jones
In Jones, the court said that actually putting the device on the exterior of the car constituted a _________ and using that information gained from the tracking device to monitor the person’s movements constitutes a trespass and that triggers the 4th Amendment and is considered a searched. You must get a search warrant if you are going to place a tracking device on an effect like a car.
trespass
You must get a _____ _______ if you are going to place a tracking device on an effect like a car.
search warrant
You must get a search warrant if you are going to place a ______ _______ on an ______ like a car.
tracking device
effect
______ & _______: Curtilage is an extension of the house (the area immediately surrounding the home) thus meriting constitutional protection. Curtilage harbors intimate activities associated with the sanctity of a man’s home and the privacies of life. However, if it is an open field the fourth amendment does not apply.
Oliver & Dunn
Oliver & Dunn: _________ is an extension of the house (the area immediately surrounding the home) thus meriting constitutional protection. Curtilage harbors intimate activities associated with the sanctity of a man’s home and the privacies of life. However, if it is an open field the fourth amendment does not apply.
Curtilage
Oliver & Dunn: Curtilage is an ________ __ ___ _______ (the area immediately surrounding the home) thus meriting constitutional protection. Curtilage harbors intimate activities associated with the sanctity of a man’s home and the privacies of life. However, if it is an open field the fourth amendment does not apply.
extension of the house
Oliver & Dunn: Curtilage is an extension of the house (_____ ____ ________ ______ ___ ______) thus meriting constitutional protection. Curtilage harbors intimate activities associated with the sanctity of a man’s home and the privacies of life. However, if it is an open field the fourth amendment does not apply.
the area immediately surrounding the home
Oliver & Dunn: Curtilage is an extension of the house (the area immediately surrounding the home) ______ ________ constitutional protection. Curtilage harbors intimate activities associated with the sanctity of a man’s home and the privacies of life. However, if it is an open field the fourth amendment does not apply.
thus meriting
Oliver & Dunn: Curtilage is an extension of the house (the area immediately surrounding the home) thus meriting __________ ___________. Curtilage harbors intimate activities associated with the sanctity of a man’s home and the privacies of life. However, if it is an open field the fourth amendment does not apply.
constitutional protection
Oliver & Dunn: Curtilage is an extension of the house (the area immediately surrounding the home) thus meriting constitutional protection. ________ harbors intimate activities associated with the sanctity of a man’s home and the privacies of life. However, if it is an open field the fourth amendment does not apply.
Curtilage
Oliver & Dunn: Curtilage is an extension of the house (the area immediately surrounding the home) thus meriting constitutional protection. Curtilage _______ _____ _______ associated with the sanctity of a man’s home and the privacies of life. However, if it is an open field the fourth amendment does not apply.
harbors intimate activities
Oliver & Dunn: Curtilage is an extension of the house (the area immediately surrounding the home) thus meriting constitutional protection. Curtilage harbors intimate activities ________ ___ _____ sanctity of a man’s home and the privacies of life. However, if it is an open field the fourth amendment does not apply.
associated with the
Oliver & Dunn: Curtilage is an extension of the house (the area immediately surrounding the home) thus meriting constitutional protection. Curtilage harbors intimate activities associated with the ________ of a _____ ______ and the privacies of life. However, if it is an open field the fourth amendment does not apply.
sanctity of a man’s home
Oliver & Dunn: Curtilage is an extension of the house (the area immediately surrounding the home) thus meriting constitutional protection. Curtilage harbors intimate activities associated with the sanctity of a man’s home and the ______ ___ ______. However, if it is an open field the fourth amendment does not apply.
privacies of life
Oliver & Dunn: Curtilage is an extension of the house (the area immediately surrounding the home) thus meriting constitutional protection. Curtilage harbors intimate activities associated with the sanctity of a man’s home and the privacies of life. However, if it is an ____ _______ the fourth amendment does not apply.
open field
Oliver & Dunn: Curtilage is an extension of the house (the area immediately surrounding the home) thus meriting constitutional protection. Curtilage harbors intimate activities associated with the sanctity of a man’s home and the privacies of life. However, if it is an open field the ______ _______ does not apply.
fourth amendment
What is curtilage?
Curtilage is an extension of the house (the area immediately surrounding the home) thus meriting constitutional protection.
What constitutes an ____ _______ is a case-by-case determination based on the factors that were laid out in Dunn. There are 4 relevant factors for determining what falls within curtilage and is entitled to potential constitutional protections:
1.Proximity of the area in question in relation to the home
2.Whether the area is included within an enclosure surrounding the house
3.Nature of the use to which the area is being put
4.What steps were taken by the resident to protect the area in question from observation
open field
What constitutes an open field is a _______________________________ based on the factors that were laid out in Dunn. There are 4 relevant factors for determining what falls within curtilage and is entitled to potential constitutional protections:
1.Proximity of the area in question in relation to the home
2.Whether the area is included within an enclosure surrounding the house
3.Nature of the use to which the area is being put
4.What steps were taken by the resident to protect the area in question from observation
case-by-case determination
What constitutes an open field is a case-by-case determination based on the _________ that were laid out in _____. There are 4 relevant factors for determining what falls within curtilage and is entitled to potential constitutional protections:
1.Proximity of the area in question in relation to the home
2.Whether the area is included within an enclosure surrounding the house
3.Nature of the use to which the area is being put
4.What steps were taken by the resident to protect the area in question from observation
factors
Dunn
What constitutes an open field is a case-by-case determination based on the factors that were laid out in Dunn. There are ___ ____ _______for determining what falls within curtilage and is entitled to potential constitutional protections:
1.Proximity of the area in question in relation to the home
2.Whether the area is included within an enclosure surrounding the house
3.Nature of the use to which the area is being put
4.What steps were taken by the resident to protect the area in question from observation
4 relevant factors
What constitutes an open field is a case-by-case determination based on the factors that were laid out in Dunn. There are 4 relevant factors for determining what falls within _________ and is entitled to potential constitutional protections:
1.Proximity of the area in question in relation to the home
2.Whether the area is included within an enclosure surrounding the house
3.Nature of the use to which the area is being put
4.What steps were taken by the resident to protect the area in question from observation
curtilage
What constitutes an open field is a case-by-case determination based on the factors that were laid out in Dunn. There are 4 relevant factors for determining what falls within curtilage and is entitled to potential constitutional protections:
- ?
2.Whether the area is included within an enclosure surrounding the house
3.Nature of the use to which the area is being put
4.What steps were taken by the resident to protect the area in question from observation
- Proximity of the area in question in relation to the home
What constitutes an open field is a case-by-case determination based on the factors that were laid out in Dunn. There are 4 relevant factors for determining what falls within curtilage and is entitled to potential constitutional protections:
1.Proximity of the area in question in relation to the home
2.?
3.Nature of the use to which the area is being put
4.What steps were taken by the resident to protect the area in question from observation
- Whether the area is included within an enclosure surrounding the house
What constitutes an open field is a case-by-case determination based on the factors that were laid out in Dunn. There are 4 relevant factors for determining what falls within curtilage and is entitled to potential constitutional protections:
1.Proximity of the area in question in relation to the home
2.Whether the area is included within an enclosure surrounding the house
3.?
4.What steps were taken by the resident to protect the area in question from observation
- Nature of the use to which the area is being put
What constitutes an open field is a case-by-case determination based on the factors that were laid out in Dunn. There are 4 relevant factors for determining what falls within curtilage and is entitled to potential constitutional protections:
1.Proximity of the area in question in relation to the home
2.Whether the area is included within an enclosure surrounding the house
3.Nature of the use to which the area is being put
4.?
- What steps were taken by the resident to protect the area in question from observation?
What constitutes an open field is a case-by-case determination based on the factors that were laid out in Dunn. There are 4 relevant factors for determining what falls within curtilage and is entitled to potential constitutional protections:
1.
2.
3.
4.
- Proximity of the area in question in relation to the home
- Whether the area is included within an enclosure surrounding the house
- Nature of the use to which the area is being put
- What steps were taken by the resident to protect the area in question from observation
The public access our home through _________ and ________ so those are excluded under curtilage.
sidewalks and driveways
The _____ _____ ___ _____ through sidewalks and driveways so those are excluded under curtilage.
public access our home
_____ _____ ____: If officers set foot on mowed grass, then they have invaded the curtilage.
Mow Line Rule
Mow Line Rule: If _____ ___ ____on mowed grass, then they have invaded the curtilage.
officers set foot
Mow Line Rule: If officers set foot on ______ ______, then they have invaded the curtilage.
mowed grass
Mow Line Rule: If officers set foot on mowed grass, then they have _______ the ________.
invaded
curtilage
Mow Line Rule:
If officers set foot on mowed grass, then they have invaded the curtilage.
In ______: there is no expectation of privacy in activities occurring in open fields. There was a subjective expectation of privacy, but it is not objectively reasonable. What a person knowingly exposes to the public is not protected and because this is a field a mile away from the house, there is no societal interest in protecting activity in a field which is typically used to grow crops. It was accessible to the public despite signs, therefore no reasonable expectation of privacy.
Oliver
In Oliver: there is no expectation of privacy in activities occurring in _____ _______. There was a subjective expectation of privacy, but it is not objectively reasonable. What a person knowingly exposes to the public is not protected and because this is a field a mile away from the house, there is no societal interest in protecting activity in a field which is typically used to grow crops. It was accessible to the public despite signs, therefore no reasonable expectation of privacy.
open fields
In Oliver: there is no expectation of privacy in activities occurring in open fields. There was a subjective expectation of privacy, but it is not objectively reasonable. What a person knowingly exposes to the public is not protected and because this is a field a mile away from the house, there is no societal interest in protecting activity in a field which is typically used to grow crops. It was accessible to the public despite signs, therefore ___ ______ _____ ___ ______.
no reasonable expectation of privacy
The court held in _______, the government’s use of trained police dogs to investigate the home and its immediate surroundings is a search within the meaning of the 4th Amendment. The front porch area is curtilage and within the area immediately surrounding and associated with the home
Jardines
The court held in Jardines, the government’s use of _______ _____ ______ to investigate the home and its immediate surroundings is a search within the meaning of the 4th Amendment. The front porch area is curtilage and within the area immediately surrounding and associated with the home.
trained police dogs
The court held in Jardines, the government’s use of trained police dogs to investigate ____ ______ and its _______ _______ is a search within the meaning of the 4th Amendment. The front porch area is curtilage and within the area immediately surrounding and associated with the home.
the home
immediate surroundings
The _____ ____ ______ is curtilage and within the area immediately surrounding and associated with the home.
front porch area
The court held in Jardines, the government’s use of trained police dogs to investigate the home and its immediate surroundings is a search within the meaning of the 4th Amendment. The front porch area is ________ and within the area immediately surrounding and associated with the home.
curtilage
______ _____ _______– when we go up to somebody’s house – knock – hey does he want to come out and play – not brining drug sniffing dog to front porch. There is no implied limited license to do what you just did with your dog rocky.
Implied Limited License
__________: The 4th Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home. Police are not expected to avert their eyes from publicly observable criminal behavior.
*Plastic garbage bags left on the curb for pick-up are readily accessible to animals, children, scavengers, snoops, and other members of the public. (Under Katz analysis, you have exposed it to the public and this is not a search).
Greenwood
Greenwood: The ____ ________ does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home. Police are not expected to avert their eyes from publicly observable criminal behavior.
*Plastic garbage bags left on the curb for pick-up are readily accessible to animals, children, scavengers, snoops, and other members of the public. (Under Katz analysis, you have exposed it to the public and this is not a search).
4th Amendment
Greenwood: The 4th Amendment ____ _____ _______t the warrantless search and seizure of garbage left for collection outside the curtilage of a home. Police are not expected to avert their eyes from publicly observable criminal behavior.
*Plastic garbage bags left on the curb for pick-up are readily accessible to animals, children, scavengers, snoops, and other members of the public. (Under Katz analysis, you have exposed it to the public and this is not a search).
does not prohibit
Greenwood: The 4th Amendment does not prohibit the ________ ______ and ________ of garbage left for collection outside the curtilage of a home. Police are not expected to avert their eyes from publicly observable criminal behavior.
*Plastic garbage bags left on the curb for pick-up are readily accessible to animals, children, scavengers, snoops, and other members of the public. (Under Katz analysis, you have exposed it to the public and this is not a search).
warrantless search and seizure
Greenwood: The 4th Amendment does not prohibit the warrantless search and seizure of ________ ____ ___ ________ ______ ___ ____ ___ __ _____. Police are not expected to avert their eyes from publicly observable criminal behavior.
*Plastic garbage bags left on the curb for pick-up are readily accessible to animals, children, scavengers, snoops, and other members of the public. (Under Katz analysis, you have exposed it to the public and this is not a search).
garbage left for collection outside the curtilage of a home
Greenwood: The 4th Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home. ______ ___ ___ _____ to avert their eyes from publicly observable criminal behavior.
*Plastic garbage bags left on the curb for pick-up are readily accessible to animals, children, scavengers, snoops, and other members of the public. (Under Katz analysis, you have exposed it to the public and this is not a search).
Police are not expected
Greenwood: The 4th Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home. Police are not expected to _____ _____ ______ from publicly observable criminal behavior.
*Plastic garbage bags left on the curb for pick-up are readily accessible to animals, children, scavengers, snoops, and other members of the public. (Under Katz analysis, you have exposed it to the public and this is not a search).
avert their eyes
Greenwood: The 4th Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home. Police are not expected to avert their eyes from _______ _______ ______ _______.
*Plastic garbage bags left on the curb for pick-up are readily accessible to animals, children, scavengers, snoops, and other members of the public. (Under Katz analysis, you have exposed it to the public and this is not a search).
publicly observable criminal behavior
Greenwood: The 4th Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home. Police are not expected to avert their eyes from publicly observable criminal behavior.
*______ _____ _____ left on the curb for pick-up are readily accessible to animals, children, scavengers, snoops, and other members of the public. (Under Katz analysis, you have exposed it to the public and this is not a search).
plastic garbage bags
Greenwood: The 4th Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home. Police are not expected to avert their eyes from publicly observable criminal behavior.
*Plastic garbage bags __________________________ are readily accessible to animals, children, scavengers, snoops, and other members of the public. (Under Katz analysis, you have exposed it to the public and this is not a search).
left on the curb for pickup
Greenwood: The 4th Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home. Police are not expected to avert their eyes from publicly observable criminal behavior.
*Plastic garbage bags left on the curb for pick-up are _______ ______ to animals, children, scavengers, snoops, and other members of the public. (Under Katz analysis, you have exposed it to the public and this is not a search).
readily accessible
Greenwood: The 4th Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home. Police are not expected to avert their eyes from publicly observable criminal behavior.
*Plastic garbage bags left on the curb for pick-up are readily accessible to _________, ________, _________, ________, and other members of the public. (Under Katz analysis, you have exposed it to the public and this is not a search).
animals
children
scavengers
snoops
Greenwood: The 4th Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home. Police are not expected to avert their eyes from publicly observable criminal behavior.
*Plastic garbage bags left on the curb for pick-up are readily accessible to animals, children, scavengers, snoops, and other members of the ______. (Under Katz analysis, you have exposed it to the public and this is not a search).
public
Greenwood: The 4th Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home. Police are not expected to avert their eyes from publicly observable criminal behavior.
*Plastic garbage bags left on the curb for pick-up are readily accessible to animals, children, scavengers, snoops, and other members of the public. (Under _______ _______ you have exposed it to the public and this is not a search).
Katz analysis
If the ________ is _______ on the ________ you have not released for snoops and scavengers to go at it at will, it is considered a search under the 4th Amendment. The minute you move it for trash pickup it is no longer reasonable expectation of privacy.
garbage
located
curtilage
If the garbage is located on curtilage, you have not released for snoops and scavengers to go at it at will, it is considered a ____________________________. The minute you move it for trash pickup it is no longer reasonable expectation of privacy.
search under the 4th Amendment
If the garbage is located on curtilage, you have not released for snoops and scavengers to go at it at will, it is considered a search under the 4th Amendment. The minute you move it for trash pickup it is no longer _______ _________ ____ ______.
reasonable expectation of privacy
Trash with a lock that a private company picks up is distinguished from Greenwood and there is a ________ _______ ___ _______.
reasonable expectation of privacy
In ______________ the court held that a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties. Phone numbers are business records that you voluntarily turn over to a third party and there is no reasonable expectation of privacy in the information.
Smith v. Maryland
In Smith v. Maryland the court held that ____ _____ ____ ____ ________ expectation of privacy in information he voluntarily turns over to third parties. Phone numbers are business records that you voluntarily turn over to a third party and there is no reasonable expectation of privacy in the information.
a person has no legitimate
In Smith v. Maryland the court held that a person has no legitimate ______ ___ _____ in information he voluntarily turns over to third parties. Phone numbers are business records that you voluntarily turn over to a third party and there is no reasonable expectation of privacy in the information.
expectation of privacy
In Smith v. Maryland the court held that a person has no legitimate expectation of privacy ____ _____ _____ voluntarily turns over to third parties. Phone numbers are business records that you voluntarily turn over to a third party and there is no reasonable expectation of privacy in the information.
in information he
In Smith v. Maryland the court held that a person has no legitimate expectation of privacy in information he ________ ____ ____ ___ ____ ______. Phone numbers are business records that you voluntarily turn over to a third party and there is no reasonable expectation of privacy in the information.
voluntarily turns over to third parties
In Smith v. Maryland the court held that a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties. ______ ______ are business records that you voluntarily turn over to a third party and there is no reasonable expectation of privacy in the information.
Phone Numbers
In Smith v. Maryland the court held that a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties. Phone numbers are _______ _______ that you voluntarily turn over to a third party and there is no reasonable expectation of privacy in the information.
business records
In Smith v. Maryland the court held that a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties. Phone numbers are business records that you ________ turn over to a_____ ____ and there is no reasonable expectation of privacy in the information.
voluntarily
third party
In Smith v. Maryland the court held that a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties. Phone numbers are business records that you voluntarily turn over to a third party and there is _____________________________.
no reasonable expectation of privacy in the information
Under the Katz analysis:
1.Doubt that people in general entertain any actual expectation of privacy in number they dial.
2.A person has no legitimate expectation of privacy in information he voluntarily turns over to third parties.
!!
!!
If you _______ your ________ to a third party, you basically assume the risk that they are going to turn that information over to the government.
expose
information
If you expose your information to a ____ ______, you basically assume the risk that they are going to turn that information over to the government.
third party
If you expose your information to a third party, you basically _____ ___ _____ that they are going to turn that information over to the government.
assume the risk
If you expose your information to a third party, you basically assume the risk that they are going to turn that _________ ____ ___ __ ______.
information over to the government
Use of a pen register is not a search under the 4th Amendment. Congress requires some sort of _____ ______ and ______.
court order
relevancy
Information that you voluntarily disclose to banks, the _____ ____ _____ ______, and it is not considered a search. Bank Records (usually 3rd party will want to get a subpoena)
third-party doctrine applies
Information that you voluntarily disclose to banks, the third-party doctrine applies, and it is _________________. Bank Records (usually 3rd party will want to get a subpoena)
not considered a search
In _________, the court found that cell site location information that cell phone providers were obtaining is detailed, encyclopedic, and effortlessly complied. Everybody has a cell phone and there is no way of avoiding leaving behind cell site location information unless you don’t use a cell phone which is unrealistic. Cell site location information is highly sensitive information. The government conducts a search under the 4th Amendment when it accesses historical cell phone records that provide a comprehensive chronicle of the user’s past movements. A search occurs when the government acquires Cell Site Location Information without a warrant.
Carpenter
In Carpenter, the court found that _____ ____ ____ _______ that cell phone providers were obtaining is detailed, encyclopedic, and effortlessly complied. Everybody has a cell phone and there is no way of avoiding leaving behind cell site location information unless you don’t use a cell phone which is unrealistic. Cell site location information is highly sensitive information. The government conducts a search under the 4th Amendment when it accesses historical cell phone records that provide a comprehensive chronicle of the user’s past movements. A search occurs when the government acquires Cell Site Location Information without a warrant.
cell site location information
In Carpenter, the court found that cell site location information that cell phone providers were obtaining is detailed, encyclopedic, and effortlessly complied. Everybody has a cell phone and there is no way of avoiding leaving behind cell site location information unless you don’t use a cell phone which is unrealistic. Cell site location information is _______ ____ ______ The government conducts a search under the 4th Amendment when it accesses historical cell phone records that provide a comprehensive chronicle of the user’s past movements. A search occurs when the government acquires Cell Site Location Information without a warrant.
highly sensitive information
In Carpenter, the court found that cell site location information that cell phone providers were obtaining is detailed, encyclopedic, and effortlessly complied. Everybody has a cell phone and there is no way of avoiding leaving behind cell site location information unless you don’t use a cell phone which is unrealistic. Cell site location information is highly sensitive information. The government conducts a search under the 4th Amendment when it accesses historical cell phone records that provide a comprehensive chronicle of the user’s past movements. A ______ ______ when the government acquires Cell Site Location Information without a warrant.
search occurs
In Carpenter, the court found that cell site location information that cell phone providers were obtaining is detailed, encyclopedic, and effortlessly complied. Everybody has a cell phone and there is no way of avoiding leaving behind cell site location information unless you don’t use a cell phone which is unrealistic. Cell site location information is highly sensitive information. The government conducts a search under the 4th Amendment when it accesses historical cell phone records that provide a comprehensive chronicle of the user’s past movements. A search occurs when the _______ ________ Cell Site Location Information without a warrant.
government acquires
In Carpenter, the court found that cell site location information that cell phone providers were obtaining is detailed, encyclopedic, and effortlessly complied. Everybody has a cell phone and there is no way of avoiding leaving behind cell site location information unless you don’t use a cell phone which is unrealistic. Cell site location information is highly sensitive information. The government conducts a search under the 4th Amendment when it accesses historical cell phone records that provide a comprehensive chronicle of the user’s past movements. A search occurs when the government acquires _____ ___ ____ ______ ______ ___ _____.
cell site location information without a warrant
127 of CSLI was collected in Carpenter. !!
!!
There is a distinction between numbers dialed and contents of communication. Meta-data v. Data/Content. Third party doctrine only cover______ and _______ _____.
metadata
transactional records
