Search or Not a Search 2 Flashcards
Does a person who sends email despite knowing that messages travel via third party servers (such as Gmail) forfeit any reasonable expectation of privacy with respect to the content of the messages?
Probably not because the reasoning of carpenter suggested that the 3rd party rule will not be enforced this strictly especially when there is no way to avoid sharing information with 3rd parties and the information gathered is of a highly private nature. Gathering someone’s email and getting their content is a search.
Imaging that a phone company routinely retains data concerning the locations of customers’ mobile phones. If police contact a phone company and obtain the location data for a particular customer’s phone from the previous month, is that a “search” or not?
Yes, as we know from carpenter this is a search.
_______: A person traveling in a car on public thoroughfares has no reasonable expectation of privacy in his movements from one place to another.
Knotts
Knotts: A ______ traveling in a car on public thoroughfares has no reasonable expectation of privacy in his movements from one place to another.
person
Knotts: A person _____ __ ___ __ on public thoroughfares has no reasonable expectation of privacy in his movements from one place to another.
traveling in a car
Knotts: A person traveling in a car on _____ ___________ has no reasonable expectation of privacy in his movements from one place to another.
public thoroughfares
Knotts: A person traveling in a car on public thoroughfares _____ _____ _____ _____ ___ ______ in his movements from one place to another.
has no reasonable expectation of privacy
Knotts: A person traveling in a car on public thoroughfares has no reasonable expectation of privacy ____ ____ _____ from one place to another.
in his movements
Knotts: A person traveling in a car on public thoroughfares has no reasonable expectation of privacy in his movements from ____ ____ ___ _____.
one place to another
Knotts: A person traveling in a car
on public thoroughfares has no reasonable expectation of privacy in his movements from one place to another.
_______ can track and surveille people in public places because we do not have a subjective expectation of privacy in public places.
Police
Police can _____ and ______ people in public places because we do not have a subjective expectation of privacy in public places.
track and surveil
Police can track and surveil people in _____ ______ because we do not have a subjective expectation of privacy in public places.
public places
Police can track and surveil people in public places because we do not have a _______ _______ ___ ____ in public places.
subjective expectation of privacy
Police can track and surveille people in public places because we do not have a subjective expectation of privacy in _____ ______.
public places
Courts focus on the ______ of the information disclosed by the beeper.
site
_______: Installing a beeper in a container with the consent of the original owner does not constitute a search or seizure under the 4th Amendment.
Karo
Karo: _______ ___ ______ in a container with the consent of the original owner does not constitute a search or seizure under the 4th Amendment.
Installing a beeper
Karo: Installing a beeper in a ________ with the consent of the original owner does not constitute a search or seizure under the 4th Amendment.
container
Karo: Installing a beeper in a container with the ________ of the ________ ______ does not constitute a search or seizure under the 4th Amendment.
consent of the original owner
Karo: Installing a beeper in a container with the consent of the original owner does not _______ a _______ or _______ under the ______ ______.
constitute
search
seizure
4th Amendment
____________: If the tracking device is going to be placed within a vehicle or object without the consent of the owner, a warrant or court order will have to be obtained based upon a showing of probable cause.
Installation
Installation: If the _____________ _____________ is going to be placed within a vehicle or object without the consent of the owner, a warrant or court order will have to be obtained based upon a showing of probable cause.
tracking device
Installation: If the tracking device is going to be placed within a _______ or _______ without the consent of the owner, a warrant or court order will have to be obtained based upon a showing of probable cause.
vehicle or object
Installation: If the tracking device is going to be placed within a vehicle or object without the _______ of the _______, a warrant or court order will have to be obtained based upon a showing of probable cause.
consent
owner
Installation: If the tracking device is going to be placed within a vehicle or object without the consent of the owner, a _______ or ______ _____ will have to be obtained based upon a showing of probable cause.
warrant
court order
Installation: If the tracking device is going to be placed within a vehicle or object without the consent of the owner, a warrant or court order will have to be obtained based upon a showing of _______ ______
probable cause
If the owner does not consent to the _________ of the _________ ________, then that triggers the 4th Amendment, and you need to get a search warrant to actually do the installation.
installation
tracking device
Placing a _______ _______ in the undercarriage of a car was deemed a trespass on an effect of the US Citizen and therefore was considered a 4th Amendment search.
tracking device
Placing a tracking device in the ________ ___ __ ______ was deemed a trespass on an effect of the US Citizen and therefore was considered a 4th Amendment search.
undercarriage of a car
Placing a tracking device in the undercarriage of a car was deemed a _______ on an _______ of the US Citizen and therefore was considered a 4th Amendment search.
trespass on an effect
Placing a tracking device in the undercarriage of a car was deemed a trespass on an effect of the US Citizen and therefore was considered a ______ _______ ______.
4th Amendment Search
Electronic Beepers (_____ ______): Monitoring the beeper in a ______ _______ (a location not open to visual surveillance) violated the 4th Amendment rights of those who have a justifiable interest in the privacy of the residence.
private areas
private residence
______ _____ _______: Need a search warrant and probable cause. 18 U.S.C. § 3117 + FRCP 41
(a) In general. If a court is empowered to issue a warrant or other order for the installation of a mobile tracking device, such order may authorize the use of that device within the jurisdiction of the court, and outside that jurisdiction if the device is installed in that jurisdiction.
(b) Definition. As used in this section, the term “tracking device” means an electronic or mechanical device which permits the tracking of the movement of a person or object.
Mobile Tracking Devices
Mobile Tracking Devices: Need a _____ ______ and ______ ______. 18 U.S.C. § 3117 + FRCP 41
(a) In general. If a court is empowered to issue a warrant or other order for the installation of a mobile tracking device, such order may authorize the use of that device within the jurisdiction of the court, and outside that jurisdiction if the device is installed in that jurisdiction.
(b) Definition. As used in this section, the term “tracking device” means an electronic or mechanical device which permits the tracking of the movement of a person or object.
search warrant
probable cause
41(e)
(C) ________ for _____ ______. A tracking-device warrant must identify the person or property to be tracked, designate the magistrate judge to whom it must be returned, and specify a reasonable length of time that the device may be used. The time must not exceed 45 days from the date the warrant was issued. The court may, for good cause, grant one or more extensions for a reasonable period not to exceed 45 days each. The warrant must command the officer to:
(i) complete any installation authorized by the warrant within a specified time no longer than 10 days;
(ii) perform any installation authorized by the warrant during the daytime, unless the judge for good cause expressly authorizes installation at another time; and
(iii) return the warrant to the judge designated in the warrant.
Warrant for Tracking Device
Dog sniffs =
sue generis (unique)
_____ _____ = sue generis (unique)
dog sniffs
______ _______ discloses only the presence or absence of narcotics.
dog sniffs
dog’s sniff discloses only the _______ or _______ of narcotics.
presence or absence
________: The court said that the use of a well-trained narcotics dog during a lawful traffic stop does not indicate legitimate privacy interests. Important that if a dog does sniff the exterior of the car that it doesn’t lengthen the mission of the actual traffic stop itself.
Cabelles
Caballes: The court said that the use of a _____ _____ ______ _______ during a lawful traffic stop does not indicate legitimate privacy interests. Important that if a dog does sniff the exterior of the car that it doesn’t lengthen the mission of the actual traffic stop itself.
well-trained narcotics dog
Caballes: The court said that the use of a well-trained narcotics dog ____ ___ ____ ___ _____ does not indicate legitimate privacy interests. Important that if a dog does sniff the exterior of the car that it doesn’t lengthen the mission of the actual traffic stop itself.
during a lawful traffic stop
Caballes: The court said that the use of a well-trained narcotics dog during a lawful traffic stop ____ ____ _____ _____ ____ _______. Important that if a dog does sniff the exterior of the car that it doesn’t lengthen the mission of the actual traffic stop itself.
does not indicate legitimate privacy interests
Caballes: The court said that the use of a well-trained narcotics dog during a lawful traffic stop does not indicate legitimate privacy interests. Important that if a dog does sniff the exterior of the car that it doesn’t __________________________.
lengthen the mission of the actual traffic stop itself
Dog sniff performed on exterior of D’s car vs. Kyllo where device was capable of detection of lawful activity (intimate details in a home). !!
!!
____ ______ ____ ______ luggage at airport. Place: Dog sniffs on closed luggage. Theory: A device capable of only detecting contraband is not a search because people have no legitimate interest in possessing contraband and therefore, it is not objectively reasonable to expect this information to remain private.
well-trained dog sniffs
“well- trained” dog sniffs ______ ___ _______. Place: Dog sniffs on closed luggage. Theory: A device capable of only detecting contraband is not a search because people have no legitimate interest in possessing contraband and therefore, it is not objectively reasonable to expect this information to remain private.
luggage at airport
“well- trained” dog sniffs luggage at airport. _______ Dog sniffs on closed luggage. Theory: A device capable of only detecting contraband is not a search because people have no legitimate interest in possessing contraband and therefore, it is not objectively reasonable to expect this information to remain private.
Place
“well- trained” dog sniffs luggage at airport. Place: _____ _____ ____ ___ ______. Theory: A device capable of only detecting contraband is not a search because people have no legitimate interest in possessing contraband and therefore, it is not objectively reasonable to expect this information to remain private.
Dog Sniffs on Closed Luggage
“well- trained” dog sniffs luggage at airport. Place: Dog sniffs on closed luggage. Theory: A device capable of only detecting contraband is not a search because people have no legitimate interest in possessing contraband and therefore, it is not _______ _______ to expect this information to remain private.
objectively reasonable
“well-trained” dog sniffs bag on sidewalk in public.
Is this a search under the 4th Amendment?
No
________ ___ _____-: Dog Training – The state must introduce evidence concerning the dog’s reliability. Training and testing records are all that is needed under the totality of the circumstances.
Florida v. Harris
Florida v. Harris: ____ _______ – The state must introduce evidence concerning the dog’s reliability. Training and testing records are all that is needed under the totality of the circumstances.
Dog Training
Florida v. Harris: Dog Training – The ____ ___ ____ _____ concerning the dog’s reliability. Training and testing records are all that is needed under the totality of the circumstances.
state must introduce evidence
Florida v. Harris: Dog Training – The state must introduce evidence concerning the ____ _______. Training and testing records are all that is needed under the totality of the circumstances.
dog’s reliability
Florida v. Harris: Dog Training – The state must introduce evidence concerning the dog’s reliability. ______ and _____ ________ are all that is needed under the totality of the circumstances.
Training and Testing Records
Florida v. Harris: Dog Training – The state must introduce evidence concerning the dog’s reliability. Training and testing records are ___ ___ ___ ____ under the totality of the circumstances.
all that is needed
Florida v. Harris: Dog Training – The state must introduce evidence concerning the dog’s reliability. Training and testing records are all that is needed under the ______ __ ___ _______.
totality of the circumstances
_______ __ _______. Essentially, a certification of a narcotics detection dog by a bona fide organization will generally be sufficient to establish that the dog is reliable. Enough for its reactions to establish probable cause for a search. If the dog alerts that equals probable cause to allow for a search of luggage, or inside a car the automobile exception applies.
Certification of Narcotics
Certification of narcotics. Essentially, a certification of a narcotics detection dog by a _____ ____ ______ will generally be sufficient to establish that the dog is reliable. Enough for its reactions to establish probable cause for a search. If the dog alerts that equals probable cause to allow for a search of luggage, or inside a car the automobile exception applies.
bona fide organization
Certification of narcotics. Essentially, a certification of a narcotics detection dog by a bona fide organization will generally be sufficient to establish that the _______ ___ _____. Enough for its reactions to establish probable cause for a search. If the dog alerts that equals probable cause to allow for a search of luggage, or inside a car the automobile exception applies.
dog is reliable
Certification of narcotics. Essentially, a certification of a narcotics detection dog by a bona fide organization will generally be sufficient to establish that the dog is reliable. Enough for its reactions to establish probable cause for a search. If the ___ _____ that equals probable cause to allow for a search of luggage, or inside a car the automobile exception applies.
dog alerts
Certification of narcotics. Essentially, a certification of a narcotics detection dog by a bona fide organization will generally be sufficient to establish that the dog is reliable. Enough for its reactions to establish probable cause for a search. If the dog alerts that equals _____ _______ to allow for a search of luggage, or inside a car the automobile exception applies.
probable cause
In those instances, it establishes a presumption favor finding reliability when a dog has been ______ and ______.
trained and certified
SC was hesitant to have some sort of specific rule that would force prosecutors to have certain training and certification records available. It is up to the defense council in every single one of the dog sniff cases to cross examine the dog handler and question the dog’s reliability. !!
!!
_______: Big False Friend Cases: CI Wired: The risk of being overheard by an eavesdropper or betrayed by an informer or deceived as to the identity of one with whom one deals is probably inherent in the conditions of human society. It is the kind of risk we necessarily assume, whenever we speak. If you trust someone enough to tell them something you have to assume the risk that they could betray you and share that confidence with others including the police.
Hoffa
Hoffa: ____ ____ ______ Cases: CI Wired: The risk of being overheard by an eavesdropper or betrayed by an informer or deceived as to the identity of one with whom one deals is probably inherent in the conditions of human society. It is the kind of risk we necessarily assume, whenever we speak. If you trust someone enough to tell them something you have to assume the risk that they could betray you and share that confidence with others including the police.
Big False Friend
Hoffa: Big False Friend Cases: CI Wired: The _____ ___ ___ _________ by an eavesdropper or betrayed by an informer or deceived as to the identity of one with whom one deals is probably inherent in the conditions of human society. It is the kind of risk we necessarily assume, whenever we speak. If you trust someone enough to tell them something you have to assume the risk that they could betray you and share that confidence with others including the police.
risk of being overheard
Hoffa: Big False Friend Cases: CI Wired: The risk of being overheard by an _________ or betrayed by an informer or deceived as to the identity of one with whom one deals is probably inherent in the conditions of human society. It is the kind of risk we necessarily assume, whenever we speak. If you trust someone enough to tell them something you have to assume the risk that they could betray you and share that confidence with others including the police.
eavesdropper
Hoffa: Big False Friend Cases: CI Wired: The risk of being overheard by an eavesdropper or _______ by an ________ or deceived as to the identity of one with whom one deals is probably inherent in the conditions of human society. It is the kind of risk we necessarily assume, whenever we speak. If you trust someone enough to tell them something you have to assume the risk that they could betray you and share that confidence with others including the police.
betrayed
informer
Hoffa: Big False Friend Cases: CI Wired: The risk of being overheard by an eavesdropper or betrayed by an informer or _______ as to the ________ of one with whom one deals is probably inherent in the conditions of human society. It is the kind of risk we necessarily assume, whenever we speak. If you trust someone enough to tell them something you have to assume the risk that they could betray you and share that confidence with others including the police.
deceived
identity
Hoffa: Big False Friend Cases: CI Wired: The risk of being overheard by an eavesdropper or betrayed by an informer or deceived as to the identity of one with whom one deals is probably ______ in the conditions of ______ _______. It is the kind of risk we necessarily assume, whenever we speak. If you trust someone enough to tell them something you have to assume the risk that they could betray you and share that confidence with others including the police.
inherent
human society
Hoffa: Big False Friend Cases: CI Wired: The risk of being overheard by an eavesdropper or betrayed by an informer or deceived as to the identity of one with whom one deals is probably inherent in the conditions of human society. It is the kind of _______ we _______ ______-, whenever we speak. If you trust someone enough to tell them something you have to assume the risk that they could betray you and share that confidence with others including the police.
risk
necessarily assume
Hoffa: Big False Friend Cases: CI Wired: The risk of being overheard by an eavesdropper or betrayed by an informer or deceived as to the identity of one with whom one deals is probably inherent in the conditions of human society. It is the kind of risk we necessarily assume, _______ __ ______. If you trust someone enough to tell them something you have to assume the risk that they could betray you and share that confidence with others including the police.
whenever we speak
Hoffa: Big False Friend Cases: CI Wired: The risk of being overheard by an eavesdropper or betrayed by an informer or deceived as to the identity of one with whom one deals is probably inherent in the conditions of human society. It is the kind of risk we necessarily assume, whenever we speak. If you______ _______enough to tell them something you have to assume the risk that they could betray you and share that confidence with others including the police.
trust someone
Hoffa: Big False Friend Cases: CI Wired: The risk of being overheard by an eavesdropper or betrayed by an informer or deceived as to the identity of one with whom one deals is probably inherent in the conditions of human society. It is the kind of risk we necessarily assume, whenever we speak. If you trust someone enough to tell them something you have to ______ ___ _____ that they could betray you and share that confidence with others including the police.
assume the risk
Hoffa: Big False Friend Cases: CI Wired: The risk of being overheard by an eavesdropper or betrayed by an informer or deceived as to the identity of one with whom one deals is probably inherent in the conditions of human society. It is the kind of risk we necessarily assume, whenever we speak. If you trust someone enough to tell them something you have to assume the risk that they could ____ ______ and share that confidence with others including the police.
betray you
Hoffa: Big False Friend Cases: CI Wired: The risk of being overheard by an eavesdropper or betrayed by an informer or deceived as to the identity of one with whom one deals is probably inherent in the conditions of human society. It is the kind of risk we necessarily assume, whenever we speak. If you trust someone enough to tell them something you have to assume the risk that they could betray you and ______ that _______ with others including the ______.
share
confidence
police
________: The police may within the 4th Amendment, fly over a field to observe with the naked eye things therein. What a person knowingly exposes to the public is not protected. If you don’t want people to see you, you better cover it and enclose it.
Ciraolo
Ciraolo: The police may within the 4th Amendment, ____ ___ __ ____ to observe with the naked eye things therein. What a person knowingly exposes to the public is not protected. If you don’t want people to see you, you better cover it and enclose it.
fly over a field
Ciraolo: The police may within the 4th Amendment, fly over a field to ______ with the _____ ____ things therein. What a person knowingly exposes to the public is not protected. If you don’t want people to see you, you better cover it and enclose it.
observe
naked eye
Ciraolo: The police may within the 4th Amendment, fly over a field to observe with the naked eye _____ ______. What a person knowingly exposes to the public is not protected. If you don’t want people to see you, you better cover it and enclose it.
things therein
Ciraolo: The police may within the 4th Amendment, fly over a field to observe with the naked eye things therein. What a person _________ ________ to the public is not protected. If you don’t want people to see you, you better cover it and enclose it.
knowingly exposes
Ciraolo: The police may within the 4th Amendment, fly over a field to observe with the naked eye things therein. What a person knowingly exposes to the _______ is not _______. If you don’t want people to see you, you better cover it and enclose it.
public
protected
Ciraolo: The police may within the 4th Amendment, fly over a field to observe with the naked eye things therein. What a person knowingly exposes to the public is not protected. If you don’t want people to see you, you better _______ ____ and ______ ____.
cover it
enclose it
If you want to retain your 4th Amendment privacy rights in your backyard _____ and _________ it.
cover and enclose
______: even a low (400 feet) fly-over by a helicopter to view inside a partially covered greenhouse is permissible – plurality decision based on flight being permissible under FAA regulations (the police may also take aerial photos of a particular site) – a member of the public could have similarly positioned himself in an aircraft and made the same observations.
Riley
Riley: even a low (____ ____) fly-over by a helicopter to view inside a partially covered greenhouse is permissible – plurality decision based on flight being permissible under FAA regulations (the police may also take aerial photos of a particular site) – a member of the public could have similarly positioned himself in an aircraft and made the same observations.
400 feet
Riley: even a ______ (400 feet) ____ ______ by a helicopter to view inside a partially covered greenhouse is permissible – plurality decision based on flight being permissible under FAA regulations (the police may also take aerial photos of a particular site) – a member of the public could have similarly positioned himself in an aircraft and made the same observations.
low
fly-over
Riley: even a low (400 feet) fly-over by a helicopter to view inside a partially covered greenhouse is permissible – plurality decision based on flight being permissible under ______ _______ (the police may also take aerial photos of a particular site) – a member of the public could have similarly positioned himself in an aircraft and made the same observations.
FAA regulations
Riley: even a low (400 feet) fly-over by a helicopter to view inside a partially covered greenhouse is permissible – plurality decision based on flight being permissible under FAA regulations (the police may also take _____ _______ of a particular site) – a member of the public could have similarly positioned himself in an aircraft and made the same observations.
aerial photos
Riley: even a low (400 feet) fly-over by a helicopter to view inside a partially covered greenhouse is permissible – plurality decision based on flight being permissible under FAA regulations (the police may also take aerial photos of a particular site) – a member of the public could have similarly positioned himself in an aircraft and made the ______ ________.
same observations
_______ + ______: If within the FAA airspace and viewing private property that can be observed by the public there is no reasonable expectation of privacy and no trespass.
Ciraolo + Riley
Ciraolo + Riley: If within the _____ _______ and viewing private property that can be observed by the public there is no reasonable expectation of privacy and no trespass.
FAA Airspace
Ciraolo + Riley: If within the FAA airspace and ______ _____ ______ that can be observed by the public there is no reasonable expectation of privacy and no trespass.
viewing private property
Ciraolo + Riley: If within the FAA airspace and viewing private property that can be ______ __ ___ ________ there is no reasonable expectation of privacy and no trespass.
observed by the public
Ciraolo + Riley: If within the FAA airspace and viewing private property that can be observed by the public there is no _______ _______ of ______ and _____ ______.
reasonable expectation of privacy
no trespass
_____ ________: If within FAA Airspace and viewing private property with a commercially available camera there is no reasonable expectation of privacy and no trespass.
Dow Chemical
Dow Chemical: If within _____ ________ and viewing private property with a commercially available camera there is no reasonable expectation of privacy and no trespass.
FAA Airspace
Dow Chemical: If within FAA Airspace and _______ ______ ______ with a commercially available camera there is no reasonable expectation of privacy and no trespass.
viewing private property
Dow Chemical: If within FAA Airspace and viewing private property with a __________ _______ ______ there is no reasonable expectation of privacy and no trespass.
commercially available camera
Dow Chemical: If within FAA Airspace and viewing private property with a commercially available camera there is no ________ ______ ____ ______ and no _______
reasonable expectation of privacy
trespass
Dow Chemical:
If within FAA Airspace and viewing private property with a commercially available camera there is no reasonable expectation of privacy and no trespass.
Drones’ 4th Amendment Triggers: If outside the ______ ________ and it collects info inside the home and a highly sophisticated technology is used there is a reasonable expectation of privacy and possible trespass with (dust, noise and wind).
FAA Airspace
Drones’ 4th Amendment Triggers: If outside the FAA airspace and it _____ _____ ____ ___ _____ and a highly sophisticated technology is used there is a reasonable expectation of privacy and possible trespass with (dust, noise and wind).
collects info inside the home
Drones’ 4th Amendment Triggers: If outside the FAA airspace and it collects info inside the home and a ______ _______ ________ is used there is a reasonable expectation of privacy and possible trespass with (dust, noise and wind).
highly sophisticated technology
Drones’ 4th Amendment Triggers: If outside the FAA airspace and it collects info inside the home and a highly sophisticated technology is used there is a _____ ______ ___ ______ and possible trespass with (dust, noise and wind).
reasonable expectation of privacy
Drones’ 4th Amendment Triggers: If outside the FAA airspace and it collects info inside the home and a highly sophisticated technology is used there is a reasonable expectation of privacy and possible _________ with (_____, ______ and ______).
trespass
dust, noise and wind
Drones’ 4th Amendment Triggers:
If outside the FAA airspace and it collects info inside the home and a highly sophisticated technology is used there is a reasonable expectation of privacy and possible trespass with (dust, noise and wind).
If a police officer flies a helicopter ____ ______ above the ground and uses binoculars to look into a house window, that is a search. ___ _____ is very low. Much lower than the helicopter in Riley which obeyed FAA regulations. Very likely to be noisy and dangerous.
fifty feet
50 feet
Info regarding airspace:
Fixed-wing aircraft are required to operate at least “1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft” in congested areas and “500 feet above the surface” in non-congested areas.
A helicopter may fly below the minimum safe altitudes prescribed for fixed-wing aircraft if it is operated “without hazard to person or property on the surface.”
Recreational users of model aircraft may fly a sufficient distance from populated areas and may not fly in the vicinity of full-scale aircraft, into noise-sensitive areas such as parks, schools, hospitals, or churches, or more than 400 feet above the surface.
!!
!!
If you are doing an analysis of whether operation of a drone by law enforcement would in fact trigger the 4th Amendment, take a look at Ciraolo and Riley and then draw your own conclusions to try to make a persuasive argument. !!
!!
As long as the ______ is within FAA airspace and following FAA rules, the _______ likely going to be okay. IF the ______ is hovering in private property below navigable air space that would be a problem. If it is a highly sophisticated technology that public does not have that will be a big distinction between whether they find a reasonable expectation of privacy and deem it a search.
drone
drone
drone
As long as the drone is within ____ _______ and following ______ rules, the drone likely going to be okay. IF the drone is hovering in private property below navigable air space that would be a problem. If it is a highly sophisticated technology that public does not have that will be a big distinction between whether they find a reasonable expectation of privacy and deem it a search.
FAA Airspace
FAA
As long as the drone is within FAA airspace and following FAA rules, the drone likely going to be okay. IF the drone is hovering in private property _______ _____ ____ _____ that would be a problem. If it is a highly sophisticated technology that public does not have that will be a big distinction between whether they find a reasonable expectation of privacy and deem it a search.
below navigable air space
As long as the drone is within FAA airspace and following FAA rules, the drone likely going to be okay. IF the drone is hovering in private property below navigable air space that would be a problem. If it is a ______ ______ ________ that public does not have that will be a big distinction between whether they find a reasonable expectation of privacy and deem it a search.
highly sophisticated technology
Also think about _______ and the ______ ______ to see whether you could argue that the drone by creating dust or noise or some sort of impact to the property that it would be considered a physical intrusion and a trespass and therefore a search.
Jones
trespass rule
Also think about Jones and the trespass rule to see whether you could argue that the drone by creating dust or noise or some sort of impact to the property that it would be considered a ______ ________ and a _______ and therefore a _______.
physical intrusion
trespass
search
Overhearing a conversation on a street
NOT A SEARCH
Hang gliders: Do people typically hang-glide? ??
??
If a ______ ________ deploys officers in shifts 24/7 to watch a house, writing down the description of everyone who comes and goes, that is not a search. Random people can generally watch a house; therefore, police can too. No reasonable expectation of privacy with respect to people being seen leaving and entering your house.
police department
If a police department deploys officers in shifts ________ to watch a house, writing down the description of everyone who comes and goes, that is not a search. Random people can generally watch a house; therefore, police can too. No reasonable expectation of privacy with respect to people being seen leaving and entering your house.
24/7
If a police department deploys officers in shifts 24/7 to watch a house, writing down the description of everyone who comes and goes, that is not a search. Random people can generally watch a house; therefore, police can too. No reasonable expectation of privacy with respect to people being seen leaving and entering your house.
