Searches & Seizures Flashcards
What is privacy?
personal interest and wont be spatially limited
Privacy Test Developed in Katz
1) Actual Expectation of privacy;
2) and Reasonable expectation of privacy
Can police bug a public phone booth, like in Katz?
N0 - Get a warrant
Searching open fields
- not a search
- fields are open and public places
- open fields do not have to be a field or even open
- Like in Dow Chemical, Industrial Plants would fall under this
- Never an expectation of privacy ever in your fields and thus will never apply a reasonable expectation of privacy test for fields
Curtlage and Curtlage factors
-greater expectation of privacyin curtlage of home
Factors:
® Proximity of area claimed to be curtilage
◊ Distance From Home
® If included within the enclosure surrounding the home
◊ Presence of Enclosures
® Nature of uses
® Steps taken by resident to protect area from observations by passerbys
Is a barn apart of the Curtlige?
No
Riley Factors in Airspace above home
□ No expectation of privacy b/c it was legal for police to be at that altitude
® Burden on D to prove that people don’t regularly fly over home
□ Dissent
◊ Practically inaccessible to the public to get a helicopter over the property
◊ Helicopters aren’t even there flying over
Physical touching of bag to feel drugs is….
Must determine….
- a search
- Dividing line between police purpose because one can expect luggage to be touched
Dog Sniffs
- In traffic stop or for luggage, Dog sniff is NOT a search so long as its not prolonged beyond normal length of stop to call K-9 unit
- It IS A SEARCH within the Curtlige of the Home - The Court held that the front porch of a home is part of the home itself for Fourth Amendment purposes. Typically, ordinary citizens are invited to enter onto the porch, either explicitly or implicitly, to communicate with the house’s occupants. Police officers, however, cannot go beyond the scope of that invitation. Entering a person’s porch for the purposes of conducting a search requires a broader license than the one commonly given to the general public. Without such a license, the police officers were conducting an unlawful search in violation of the Fourth Amendment.
Exam Search Analysis:
□ Was their a search?
® Katz 2 part test
□ If yes, does it comply w 4A reqs?
□ If no, remedies?
Police come into home to record you, like in Hoffa, do you have a constitutional privacy expectation in what you say in conversation?
No
◊ Not a search
® You take a risk in exposing any conversation you have by talking to somebody
Trash Searches
◊ Not a search ® No expectation of privacy because: ◊ Expectation trash would be mingled in ◊ Opaque bags ◊ Scavengers, snoops, children ◊ Not curtliage if on curb
Placing a beeper in a can is NOT a Search when:
® Beeper in Can before D takes possession
-No expectation of privacy in something you don’t even own yet
® no reasonable expectation of privacy on public thoroughfares travelling
Pager in barrel is a search when:
® Taking barrel into home
◊ Told the authorities something about the interior of the home
Kyllo & Sophisticated Technology
◊ Using a device that is not of general public use is a search (today it is though)
} This case is as good as the tech is rare
® Thermoimaging device used
® Not a curtilage case - actual house case
® Don’t want to leave homeown at mercy of advancing tech
® Dissent
◊ Not intimate details released - off the wall, not through the wall technology
◊ Majority is looking too far in the future, not present case
