Info/Privacy

Question 1

Kyllo is limited ___

Answer 1

to the home

Question 2

Kyllo held that ____ is a search

Answer 2

thermal imager to look in home

Question 3

Kyllo held it was a search because the govt used ______

Answer 3

used device not in general public use to explore interiror details of the home that would previously have been unknowable without physical intrusion

Question 4

Kyllo is a hybrid of ___

Answer 4

Katz approach (REP from fancy tech) + property based approach

Question 5

Kyllo language that as tech has improved that the Court has sought to assure ___ was used in Jones and Carpenter

Answer 5

preservation of degree of privacy against govt that existed when 4A adopted

Question 6

Telescope looking into kitchen of apt, see guy packing cocaine so get a warrant. Argue a search has not happened

Answer 6

Telescope generally available

Question 7

Telescope looking into kitchen of apt, see guy packing cocaine so get a warrant. Argue a search has happened

Answer 7

Invasive even though no physical intrusion (Kagan concurrence in Jardines)

Question 8

Binoculars across the street looking into kitchen of apt, see guy packing cocaine so get a warrant.

Answer 8

Not a search

Question 9

Eavesdrop on conversation next to table in NYC

Answer 9

not a search

Question 10

Lyons is arrested and has key for padlock on storage unit on him. Agents go to unit, confirm that key opens, locks it then gets warrant to search unit

Answer 10

Arguably search, physical intrusion on constitutionally protected area

Question 11

Jones facts

Answer 11

warrant to place GPS tracker on underside of wife car and track for four weeks

Question 12

Jones held that the GPS device was ____ so ___

Answer 12

installed by trespass, physical invasion on constitutionally protected effect

Question 13

Jones held that Katz ___

Answer 13

added to property approach but didn’t substitute

Question 14

Knotts didn’t have to engage with the property approach because ___

Answer 14

beeper installed without trespass and with owner’s consent and no REP of car on road

Question 15

Knotts Alito concurrence says ____ would be search under Katz

Answer 15

longer term surveillance (here 4 weeks definitely counts)

Question 16

Alito thinks ____ not the __ was problematic in Jones

Answer 16

use of GPS, trespass installation

Question 17

Sotomayor in Knotts thinks that __

Answer 17

use caution in applying third party doctrine in information age

Question 18

Knotts facts

Answer 18

placed in container without D consent/knowledge, installed with consent of OG owner

Question 19

Knotts was not a search because ____

Answer 19

no REP, location of container on roads and open field voluntarily conveyed to the public

Question 20

Karo facts

Answer 20

beeper in container belonged to third party, came into D’s possession and continued to monitor after brought into private home

Question 21

Karo says was a search because ___

Answer 21

once in home no longer monitoring public movements

Question 22

For metadata the Stored Comms Act allows _____

Answer 22

subpoena for subscriber info and court order for other transactional info (search history, who corresponded with)

Question 23

For contents of electronic comms, the Stored Comms Act requires ____

Answer 23

warrant

Question 24

Stored Comms Act notably doesn’t protect ___

Answer 24

google searches

Question 25

For documents older than 180 days under Stored Comms Act, the govt needs __

Answer 25

subpoena

Question 26

For documents newer than 180 days under Stored Comms Act, the govt needs ___

Answer 26

PC + warrant

Question 27

Warshak facts

Answer 27

govt compelled internet provider to hand over D's emails without warrant based on new/old document distinction

Question 28

Warshak said this ___

Answer 28

was a search

Question 29

Warshak held that you need a warrant for ___

Answer 29

all comms (but 6th circuit, not USC)

Question 30

Werdene is from the __-

Answer 30

third circuit

Question 31

Werdene is about ___

Answer 31

malware that would report identifying info of child porn website users, could retrieve info from any jdx

Question 32

Werdene held that the warrant _____ but ____

Answer 32

exceed jdx requirements and was void, good faith prevents exclusion

Question 33

Govt argument in Werdene

Answer 33

malware like tracking device

Question 34

D argument in Werdene

Answer 34

warrant authorized searching not tracking + trackers must be installed in the jdx

Question 35

Under the property approach, a warrant may only travel ___

Answer 35

as far as power of issuing official at time of framing

Question 36

Govt creates code that can go out to every computer and report back child porn that is already in govt possession. Is it a trespass? Argue yes

Answer 36

private actor would be liable for hacking

Question 37

Govt creates code that can go out to every computer and report back child porn that is already in govt possession. Is it a trespass? Argue no

Answer 37

- content vs. noncontent material - no REP in contraband child porn images and if all that is reported back then no search

Question 38

Carpenter says a ____ is required to obtain ____

Answer 38

warrant with PC, historical CSLI for 7+ days

Question 39

Carpenter declined to address whether ___

Answer 39

warrant required for shorter time period

Question 40

Carpenter says person maintains REP regarding ____ even though _____

Answer 40

physical movements as revealed by CSLI, was conveyed to a third party

Question 41

Carpenter treats CSLI like ___

Answer 41

new and unique category

Question 42

Carpenter revives the Boyd characteristics to ____ and ___

Answer 42

protect privacies of life against arbitrary power place obstacles in way of too permeating police presence

Question 43

Carpenter says knowing exposure doesn't apply because ___

Answer 43

CSLI isn't shared in the way we typically understand it

Question 44

Carpenter is a new focus for 4A because not just about when OK to search but also ___

Answer 44

what might happen afterwards with fruits of that search

Question 45

Carpenter implies that once it is a search it is ____the SCA

Answer 45

outside, requires PC + warrant

Question 46

Kennedy and Thomas dissents in Carpenter say ___

Answer 46

third party doctrine should apply

Question 47

Gorsuch dissent in Carpenter says that __

Answer 47

should return to property-based approach, D still property interest in CSLI

Question 48

Gorsuch says that third party property interest may not eliminate your property interest because of ___

Answer 48

bailment + don't have to be exclusive owner to have property interest

Question 49

Gorsuch thinks should put CSLI in the context of ___

Answer 49

letters guarded from examination (Jackson)

Question 50

Gorsuch thinks a constitutional floor for 4A could help prevent ___

Answer 50

attempts to circumvent 4A using grand jury subpoenas

Question 51

Alito dissent in Carpenter thinks that the legislature ___

Answer 51

has acted, let them update if necessary instead of extending 4A

Question 52

Alito thinks that the compulsory production of documetns involves ____

Answer 52

neither physical intrusion into private space nor any taking of property by agents of the state

Question 53

Alito notes in Carpenter than Boyd was the only other case to ___

Answer 53

require PC for compulsory production of documents

Question 54

A grand jury has almost limitless power ___

Answer 54

to request records (as long as within SOL)