Was there a search or seizure?

Question 1

what is a search

Answer 1

a search occurs when the government action infringed on a reasonable expectation of privacy or there is a physcial tresspass on person papers and effects with the intent to get information

Question 2

what is the knowing expousre doctrine as it relates to searches

Answer 2

What a person knowingly exposes to the pubic, even in his own house or office is not subject to FA protection

Question 3

what is harlan’s two part search test

Answer 3

(1) First the person exhibited an actual (subjective) expectation of privacy and (2) that the expectation be one that the society is ready to recognize as “reasonable”

Question 4

bright line rule from oliver via open feild doctrine

Answer 4

police intrusion on open field does not infringe on REoP

Question 5

what is curtilage and how does gov action infrnge upon it?

Answer 5

the area surrounding the home where reasonable privacy expectations get FA protection

The gov action that would infringe on curtilage is not just looking into the curtilage, but actually entering it

Question 6

four factors to determine if something is curtilage or open feild

Answer 6

1. proximity to the home
2. how the area is used
3. whether the area is included in an enclosure
   4.steps taken to protect area from passing by observation

Question 7

whose action do we focus on for violation of REOP

Answer 7

gov agent not the d

Question 8

what does white say about the third party exposure doctirne

Answer 8

no reop in misplaced trust of an accomplice; what your voluntary tell a third party is not protected

Question 9

what is the keytakeaway from katz and reop

Answer 9

FA protects people not places; establishes that a search occurs if it infringes on reop

had a reasonable expectation of privacy in his private communications

Question 10

what is standing in FA? what is it specfic to

Answer 10

not a thing; it is defendant specfic

Question 11

who alwasy has reop in a house

Answer 11

the person who lives there

Question 12

who never has reop in a home

Answer 12

trespassers

Question 13

what is the carter rule about overnight guests and reop in a home

Answer 13

only overnight guests have a reop in the home; Don’t actually have to spend the night; even planning on spending the night is usually enough

Question 14

what is the keytakeway from byrd (retnal car case)

Answer 14

owners and those who are lawfully in posession of property have reop in that peice of property

right to exclude= reop

Question 15

under byrd rental car case, who will never have reop in a peice of property q

Answer 15

someone who stole it

Question 16

whats one way to loose reop

Answer 16

third party exposure doctinre – what you expose to the public is no longer protected

Question 17

what was the key takeawy from the rilkey helicocper case, with the cops using a helicopter to view curtligae from the sky via holes in teh roof

Answer 17

Court holds no search because they were no infringing on GROUND LEVEL curtilage

no expectation of privacy because of teh holes in the roof

Question 18

what does riley helicpoter say about what cops and the public can see

Answer 18

if an officer can make an observaion from a palce any person in public COULD be, no search

Question 19

what does circolo say about helicpoters and reop

Answer 19

expectation of privacy from helicpoter view not reasonble because filight in public airways is routine

Question 20

what did the bond case teach us about searches and police groping bags

The case with the border patrol who went on the bus and squeezed the luggage that passengers had

Answer 20

Police look diff than the public; public would just touch the bag; police would search/grope the bag

police can only grope to extent a gen member of public would; anyting else is a search

Question 21

what does the FA search analys ask (two questions)

Answer 21

1. did the d have an actual expecation of privacy via their conduct (ie use of opauqe bags)
2. is the exptecation of pricay one society is ready to recognzie

Question 22

what is the greenwood trashcan rule

Answer 22

no reop is infringhed when cops go through your trash on the side of the road

Question 23

what does cabelles tell su about reop and trained dog sniffs

Answer 23

trained dog sniffs are not searches that infringe on REOP because the only thing it reveals is the presence/non presnce of drugs

Question 24

do you have a reop in drugs

Answer 24

no

Question 25

what is the carpenter holding via cell site location info (CLSI) | how many days would it count for tracking to be a search

Answer 25

An individual maintains a legitimate expectation of privacy in the record of his PHYSICAL MOVEMENTS as captured through CSLI a gov aqistion of seven days or more of clsi from third party is a search The location info obtained was the product of a search which meant a warrant was necessary

Question 26

what does miller tell us about our bank records

Answer 26

Bank customer have no reasonable expectation of privacy in their bank records

Question 27

why is CLSI data not voluntary, thus not falling under the thrid party exposure doctirne

Answer 27

Choice to have the phone or to have that CSLI is not a KNOWING OR VOLUNTARY exposure

Question 28

what is the jones physical tresspass test

Answer 28

Mere incidental physical touching of PPHE not enough; you also need to be trying to get info

Question 29

do you have to actually gather info for the jones trespass test to apply

Answer 29

no; the attempt is all you need

Question 30

when do we apply jones trespass test/ what does it apply to

Answer 30

When there is no reop Only applies to persons, papers, houses and effects

Question 31

key takeawaay from jardines dog sniff on curilge and the tresspass rule (proceed under tresspass bc no reop under cabellas)

Answer 31

whehter something is a tresspass for FA purposes depends on social customs court held it was a search under jones here, we dont expect people to walk on our property w a sophistaced instrument

Question 32

what is the knock and talk rule? is it legal

Answer 32

officers coming up to door to do simple detecting; and yes it is legal

Question 33

what are the two ways a governemtn agent seizes a person

Answer 33

1. making physical contact with someone with the intent to restrain their movment 2. having the person submit to a show of police autoirty under circumstnaces where a reasonble person would not feel free to leave

Question 34

how does a gov agent seize property

Answer 34

meaningful interfrence w someone's ability to have, use or move their property

Question 35

how does each test of seizure of a person deal with when a resonble person would not feel free to leave

Answer 35

1. ie a reasonble person would not feel free to leave bc their movements are restricted OR 2. a reasonable person wouldnt feel free to leave because officer show of authority

Question 36

what was the point of studying wong sun?

Answer 36

to show us that FA is a personal right; just because somehting vioalted one d's right doest mean it violated anothers

Question 37

what is the kylo thermal imaging rule

Answer 37

The use of a sense-enhancing technology that is not commonly used by the public constitutes a search when it is used by the government to observe a place where there is a reasonable expectation of privacy.

Question 38

is a request by a cop to speak to you a show of aithority under seizre of a person

Answer 38

no

Question 39

what the smith v maryland rule -- the rule about what happens when you give info to a third party

Answer 39

A person has no legit expectation of privacy in info he VOLUNTARILY turns over to third parties This remains true even if the info is revealed on the assumption that it will be used only for a limited purposes