Knowing Exposed to the Public

Question 1

Communications to UCs and informants are __

Answer 1

not protected by 4A (Hoffa)

Question 2

In Hoffa, an informant __

Answer 2

made friends with D and got to make incriminating statements (mistaken belief)

Question 3

In Lewis, it was not a 4A violation for UC to ___

Answer 3

go to D’s home and buy drugs because home turned into commercial place

Question 4

In Lopez, ____ was not a 4A violation

Answer 4

recording of statements elicited by UC

Question 5

In Lee, ____ wasn’t 4A violation

Answer 5

transmitting suspect statements to police via informant wire

Question 6

Title III is about ___

Answer 6

wiretapping

Question 7

Title III requires law enforcement to ___

Answer 7

get warrant/court order before conducting electronic surveillance of wire/oral/electronic comms

Question 8

Requirements for PC for Title III permission

Answer 8

• person committing or about to commit specific offense
• specific comms will be obtained through intercepting
• normal investigative techniques failed or likely to be unsafe

Question 9

Remedy for Title III violation

Answer 9

exclusionary rule, if violate major parts can still get excluded even if not 4A violation

Question 10

Under Title III surveillance is supposed to __

Answer 10

stop after 30 days unless get renewal

Question 11

To get Title III renewal on time period you must ___

Answer 11

show why it is important

Question 12

Under Title III you are supposed to stop when ___ but in real world __

Answer 12

when get what looking for, listen for series of convos throughout authorized time period

Question 13

What is the minimization requirement under Title III?

Answer 13

do in a way to minimize interception of irrelevant convos, stop recording and listening once clear convo irrelevant

Question 14

In Scott v US, there was no suppression because ___

Answer 14

likely would’ve recorded similar amount had they been following the rule (subjective disregard for minimization rule but many short convos)

Question 15

Title III has been updated to apply to __ BUT not ___

Answer 15

texts/emails, computers

Question 16

Ganias facts (2nd circuit)

Answer 16

IRS took “mirror” of accountant computer because thought would have evidence of third party crime then started to suspect him of crime

Question 17

Ganias result

Answer 17

4A violation because IRS kept mirror too long

Question 18

Title III is ____ based whereas FISA is ____ based

Answer 18

evidence, status

Question 19

Title III allows a roving wiretap when ____

Answer 19

person using burner phones (follow person not the phone)

Question 20

If one party wears a wire and cooperates than _____. This is different from Katz because ___

Answer 20

no 4A violation, no party agreed to be overheard

Question 21

In Katz, you take the risk ___

Answer 21

friend will betray you

Question 22

White facts

Answer 22

Convos with UC in real-time who was wearing wire

Question 23

White said this was ___

Answer 23

not a search (no 4A violation)

Question 24

White said not a search because also would not have been search if ___ AND ___

Answer 24

UC wasn’t wearing wire, recording actually more accurate than UC testimony

Question 25

Harlan dissents in White to say ___

Answer 25

no one expects to be bugged AND govt should have to get warrant before imposing risk of third party observer

Question 26

Douglass dissent in White

Answer 26

danger of electronic surveillance and chilling interpersonal relationships

Question 27

Berger is about ___

Answer 27

wiretapping statute length

Question 28

Berger held that the NY wiretapping statute was uncon search because ___

Answer 28

- 60 days too long - only one showing of PC - no minimization requirement - only needed evidence of A crime (no particularity)

Question 29

Greenwood is about ___ (facts)

Answer 29

police ask trash collector to give them D's garbage bags to search for narcotics

Question 30

Greenwood holds that there is ___

Answer 30

no REP in trash you've thrown out, sufficiently exposed to public

Question 31

Greenwood says ___ so police don't need to avert eyes

Answer 31

any number of people could've seen it

Question 32

Greenwood rejects ____

Answer 32

abandonment as property theory and instead relies on Katz

Question 33

Brennan dissent in Greenwood

Answer 33

trash bags lot of personal info and wouldn't expect contents to be public (opaque bags)

Question 34

DL thinks hard part about Greenwood is that ___

Answer 34

his trash isn't conmingled with others at request of police

Question 35

What about homeless person's cardboard box of belongings? Argument for

Answer 35

- class issue in just naming houses - personal effects technically covered by 4A regardless of Katz

Question 36

What about homeless person's cardboard box of belongings? Argument against

Answer 36

exposed to public, anyone can see

Question 37

Miller is about __

Answer 37

documents and third party doctrine

Question 38

Miller says no 4A interest in ___ because ___

Answer 38

bank records, gives bank info and in doing so takes risk that it will be shared

Question 39

Smith v. Maryland is about _____

Answer 39

pen register/phone call logs

Question 40

Smith v. Maryland says there is no 4A interest in pen register/phone call logs because you ___

Answer 40

voluntarily convey that info to phone company by dialing