Searches

Question 1

Trespass Approach to 4th Amendment

Answer 1

physical trespass required for a 4th amendment violation

no violation of the 4th amendment without private property

Question 2

Olmstead

Answer 2

surveillance without physical trespass or seizure of anything falls outside the constitutional protections of the 4th amendment

overturned by Katz

Question 3

Katz

Answer 3

reasonable expectation of privacy includes:

1) the person exhibited a personal, objective expectation of privacy

2) society deems that expectation as reasonable

Phonebooth, one sided wire tap

Question 4

White

Answer 4

The fourth amendment does not prohibit conversations overheard on a wiretap worn by an informant because there is no expectation, and a risk is assumed when confiding to someone about illicit activities

Question 5

Kyllo

Answer 5

Thermal-imaging of a private home is illegal because it would not otherwise be known about the intimacies of the home without a physical intrusion

The technology used cannot be readily available to the public and must be sense-enhancing

Question 6

Dow Chemical

Answer 6

Aerial surveillance of a commericial industrial complex is permitted

Question 7

Place

Answer 7

Dog sniff that discloses the presense of drugs is not a search

Question 8

Open Field Doctrine

Answer 8

An open field is:
1) unoccupied or undeveloped land outside the curtilage of the home

2) is NOT an effect

not subject to 4th amendment protections

United States v. Oliver

Question 9

Curtilage Test

Answer 9

1. Proximity to the home
2. If the area is an enclosure near the home
3. Nature of the use of the area
4. Steps taken to protect the area from outside observation

Dunn

Question 10

Jones

Answer 10

Attaching a GPS tracker on a vehicle, beyond the time of the warrant allowed, is a 4th amendment violation because it is a trespass on the vehicle

Alito dissent about Katz

Question 11

Jardines

Answer 11

The use of a drug sniffing dog to investigate the contents of a home on a porch is a trespass because the dog physically intruded on the property for longer than the normal implied license allowed

Home is the highest level of protection

Question 12

4th amendment

Answer 12

right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures