Searches and Seizures Flashcards
Jones Test for Search
A search occurs if…
a. A trespass of private property by the government, with
b. the purpose to obtain information
Jardines Expansion of Jones
Trespass can occur when implied license exceeded; implied license exceeded by bringing police dog up to front porch of house.
Curtilage Factors
i. How close curtilage area is to home
ii. Whether area is enclosed with home
iii. Nature of uses of area
iv. Steps taken by resident to protect area from people passing by
What is not a search?
- Open Fields
- Speaking to a third party
- Information readily accessible to the public
- Aerial Observation
- Investigations that can only reveal criminal activity
- Electronic Tracking without physical intrusion
- Abandoned property
- Evidence obtained by foreign officials in home country
Examples of Investigation that can only reveal criminal activity
- Canine sniff of closed luggage in an open area
- Field chemical test that can only reveal whether something is a drug
- Use of drug sniffing dog during traffic stop that does not extend the stop.
Is it a search when an officer squeezes a canvas bag on public transportation and feels around for contraband?
Yes, Search
Chemical Testing of Urine
Search because it can detect other illnesses
Was it a search when FBI received package of films that were misdelivered by private carrier and FBI viewed films?
Yes, search
Kyllo v. U.S
If govt uses device that is not in general public use to explore information that would not otherwise be available without a physical intrusion, it’s a search. (Thermal imaging for weed)
Carpenter v US
Obtaining 127 days of someone’s cell phone location information is a search.
Questions after Carpenter
- What if they only asked for a day or two of cell site location information?
- Calls into question the trash case? Does a person still have property interest in their trash?
