Privacy and Property

Question 1

Two options for what is a search

Answer 1

• property based (unlicensed physical intrusion on constitutionally protected area)
• govt intruded on reasonable expectation of privacy

Question 2

Cases about property approach

Answer 2

Jardines, Jones

Question 3

In Jardines, ___ was a search

Answer 3

taking a dog to the front door

Question 4

Katz test

Answer 4

1) actual (subjective) expectation of privacy
2) society recognize that expectation as reasonable

Question 5

Factors for REP

Answer 5

• access (vantage point)
• commonplace (could public do this)
• legality (vantage point)
• intrusion
• property notions
• type of info
• advanced tech
• open fields

Question 6

Open fields doctrine

Answer 6

police entry and search of open fields no 4A violation even if privately owned land, distinct from home and curtilage (Hester)

Question 7

Boyd is not ___ but ___

Answer 7

good law anymore, influential

Question 8

Boyd facts

Answer 8

govt subpoenad D in civil forfeiture action to produce invoices for those shipments of glass

Question 9

Boyd said it was a a search to ____ as well as ___

Answer 9

compel production of private papers to establish charge against him, violation of 5A

Question 10

Katz held that 4A doesn’t turn ___

Answer 10

solely on whether physical intrusion

Question 11

Case about open fields

Answer 11

Hester

Question 12

Open fields still applies even you have ___

Answer 12

done things to assert ownership (put up fence etc)

Question 13

Curtilage is ____

Answer 13

area immediately surrounding home

Question 14

Four factors in determining curtilage

Answer 14

1) proximity to home
2) within enclosure surrounding home
3) nature of uses to which area put
4) steps taken to protect area from observation

Question 15

Case with curtilage factors

Answer 15

Dunn

Question 16

You can use ____ to look onto curtilage (____)

Answer 16

aerial surveillance, Riley

Question 17

Office complex with fence will get _______

Answer 17

some curtilage protection but less than offered for homes

Question 18

Oliver facts and outcome

Answer 18

growing weed in field mile from house, no trespassing signs, still not a search

Question 19

Ciraolo facts

Answer 19

inspected backyard of house while flying plane at 1000 feetCie

Question 20

Ciraolo outcome

Answer 20

not a search even though yard in curtilage

Question 21

Riley facts `

Answer 21

flew helicopter at 400 ft to spy inside greenhouse

Question 22

Riley held that aerial surveillance not a search because ___

Answer 22

1) legal (FAA regulations)
2) helicopter available to general public
3) did not interfere with normal use of greenhouse/curtilage

Question 23

Riley says nothing in record to suggest that __

Answer 23

helicopters at this height sufficiently rare enough to support REP

Question 24

O’Connor concurrence in Riley

Answer 24

D should bear proof to show REP by showing flight rare

Question 25

Brennan dissent Riley

Answer 25

- burden should be on govt, 4A shouldn't be defined by admin regs for flight safety - also very expensive machine few citizens can access

Question 26

It doesn't really make sense that REPs have to be unifrom when ___

Answer 26

RS can vary so much based on place

Question 27

Bond is about ___

Answer 27

luggage, REP

Question 28

Bond facts

Answer 28

CBP boarded bus to check imm status, squeezed soft luggage and felt brick like object, got consent to search and found meth

Question 29

Bond holding ___

Answer 29

squeezing bags was a search

Question 30

Bond reasoning

Answer 30

- exhibited actual expectation of privacy by putting meth in suitcase - REP because passengers don't expect others will squeeze luggage looking for contraband

Question 31

Bond is a little bizarre because ___

Answer 31

shows court thinks physical intrusion more invasive than visual (Riley, Ciraolo)

Question 32

Place says dog sniff not search because ___

Answer 32

only reveals presence of drugs doesn't say anything else about what is inside

Question 33

Caballes facts

Answer 33

stoped for speeding, dog sniff found weed

Question 34

Caballes holding

Answer 34

Place applies even though traffic violation and no reason to suspect drugs

Question 35

Caballes Ginsburg dissent

Answer 35

4A violation since sniff conducted without cause to suspect of drugs but reserved judgment on sniffing for bombs/dangerous chemicals

Question 36

Rodriguez holding

Answer 36

rights violated when detained longer than necessary for routine traffic stop to do drug sniff

Question 37

Jardines held that 4A violation based on ___

Answer 37

property approach which is supplemented by Katz but not substituted

Question 38

Jardines is different from Place or Caballes because ___

Answer 38

physical intrusion of home

Question 39

Jardines says ____ do not invite to conduct search

Answer 39

background social norms that invite visitor to front door

Question 40

Jardines says bringing dog to front door is more intrusive than ____ because ___

Answer 40

police knocking, like peering in windows with binoculars or walking around lawn with metal detector