Seaches

Question 1

Jones v US

Answer 1

Physical Intrusion
Facts: Police placed GPS on D’s car
Holding: 4A violated: car = effect

Question 2

Florida v Jardines

Answer 2

Physical Intrusion - Floridas got drugs and dogs
Facts: Police got a tip that D was growing weed in his home. Police took a drug sniffing dog to D’s front porch
Holding: 4A violated - physical intrusion of curtilage

Question 3

Can police go to the door and knock (just like the girl scouts or trick or treaters)?

Answer 3

Yes

Question 4

Oliver v US

Answer 4

Oliver = Open
Open Field Doctrine
Facts: D had “no trespass” signs on his farm, but police went in anyways
Holding: 4A NOT violated - open field

Question 5

Do you have legitimate privacy interest if you’re doing something illegal?

Answer 5

no

Question 6

What is curtilage? US v Dunn - 4 Factors

Answer 6

= area immediately surrounding the home
(1) Proximity
(2) Whether the area is included within an enclosure surrounding the home
(3) Nature of the uses
(4) Steps taken by resident to protect area from observation

Question 7

Is open fields a constitutionally protected area?

Answer 7

NO

Question 8

Under the 3rd Party doctrine, there is _____ a reasonable expectation of privacy

Answer 8

not

Question 9

US v White

Answer 9

White heard me through the radio
Facts: cops overheard D using a radio receiver
Holding: No search - 3rd party doctrine

Question 10

Are going through financial records at a bank = search (US v Miller)

Answer 10

No, 3rd party doctrine

Question 11

Are the use of pen registers a search? (Smith v Maryland)?

Answer 11

No, 3rd party doctrine

Question 12

Knotts/ Karo

Answer 12

beeper tracking cases - No search, because placing beepers on drug cans, not owned by D, was okay because there still could have been visual surveillance of the drivers route

Question 13

Carpenter v US

Answer 13

Carpenter’s Celllllyyy
3rd party doctrine
Facts: cops obtained cell site information to track a person

Question 14

US v Dunn

Answer 14

Dunna touch my curtilage
Facts: Farmer had a barn and had mesh curtains up, but police looked through
Holding: No search, using the REP test, the 2nd prong wasn’t met

Question 15

Hypo: Ludacris has a house on an open field and has chains and 3 trespass signs and every 60 seconds he plays “move bitch get out the way” and police ignore all these things. Was there a search

Answer 15

Under Dunn - No search because 2nd prong not satisfied in REP test

Question 16

Does searching trash = a search?

Answer 16

California v Greenwood
No search - no expectation of privacy because it is exposed to public

Question 17

Police squeezing bags in public/on a bus = a search?

Answer 17

Yes

Question 18

Is ariel surveillance a search?

Answer 18

No - Florida v Riley and Cal v Ciraolo

Question 19

California v Ciraolo

Answer 19

Circ de solieu is okay
Ariel Surveillance
Facts: D had put 2 high fences up to conceal backyard from ground observation. But police used an ariel flight to find D was growing weed
Holding: No search - no expectation of privacy against ariel surveillance

Question 20

Florida v Riley

Answer 20

Riley likes to fly
Facts: police flew a helicopter above D’s property
Holding: No search, uses empirical test: if it is possible for anyone in the public to have access to the info, then no search

Question 21

US v Place

Answer 21

Facts: dog sniffed a closed luggage at an airport
Holding: No search

Question 22

Illinois v Caballes

Answer 22

Facts: Dog sniff of cars at a traffic stop
Holding: No search

Question 23

Are investigations by private citizens a search?

Answer 23

No, only state action is protected by 4A

Question 24

Kyllo v US

Answer 24

Thermal Detection
Facts: police used thermal detection of a persons house to find drugs
Holding: Search, because was used to obtain info that could not be obtained without trespass into the home

Question 25

Do you need RS or PC to search a probationer’s home

Answer 25

RS; When officer has reasonable suspicion that a probationer subject to a search condition is engaged in crime, there is enough likelihood that criminal conduct is occurring that an intrusion on the probationers significantly diminished privacy interests is reasonable

Question 26

Are suspicionless searches of parolees reasonable?

Answer 26

Yes, there privacy interest are diminished because their liberty is conditional