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Question 1

a) Physical Trespass on CPA?

Answer 1

i) curtilage? home? effect? open field?
(1) Jones: GPS tracker on car = PT on CPA = uncon’l because of length of time
(2) Oliver: open fields =/= CPAs

ii) implied license?
(1) Jardines: (K9/porch) unlicensed (against community norms) PT on CPA (porch) to obtain ev = uncon’l

Question 2

Katz test

Answer 2

b) REOP? (Keep Standing in mind)
i) SEOP? (Subjective)
ii) LEOP? (Legitimate)

(1) Objective steps taken for privacy?
(a) Katz: 2-prong REOP = SEOP + LEOP (took steps to maintain privacy)

Question 3

Exposed to public?

Answer 3

(a) Dunn: (Curtilage) 4 factor test: proximity to home, fenced, use, concealed on purpose?
(b) White: gov agent = faithless friend = wired undercover agent info is con’l
(c) Greenwood: trash = knowingly exposed =/= 4A protection

Question 4

3rd party doctrine:

Answer 4

(i) Miller: no LEOP for financial records given to bank

(ii) Smith: no LEOP when searching co’s database to see who indiv has called

Question 5

Open field doctrine

Answer 5

(a) Oliver: open fields =/= CPAs (curtilage = CPA)

Question 6

Over flight of curtilage

Answer 6

(i) Ciraolo: (plane/camera) if member of public could access = con’l
(ii) Riley: (heli/greenhouse) if member of public could access = con’l

Question 7

Luggage pat down

Answer 7

(a) Bond: (luggage pat) if public doesn’t routinely do it = uncon’l

Question 8

Sense-enhancing

Answer 8

(a) Nature of what is being obtained (private)?
(i) Place: dog sniff = con’l
(ii) Karo: beeper taken inside = uncon’l
(iii) Knotts: beeper attached to drum barrel/tracked on roads = con’l
(iv) Kyllo: tech not in general use that give info of home interior = uncon’l