Is it a Search?
Search occurs when the govt physically trespass's for the purpose of acquiring private information.
What is Jones trespass test?
Greenwood states that this tool carries no reasonable expectation of privacy because it is enclosed in a bag or is left for collection outside curtilage. (think: abandoned property)
What are trash searches?
This case holds that when you talk to someone, you assume the risk that they might turn around and yap to the govt because they are a big fake friend.
What is Hoffa?
Warrants require these four things.
What are:
1. Probable cause that either [for arrest] the person has committed a crime or [for search] these things relating to a crime will be found at this place
2. Be supported by officer oath or affirmation
3. Particularly describe the place to be searched and the person/thing to be seized
4. Be issued by a neutral and detached judge
Assuming particularity has been met, authority to search the "place" includes ....
What is the entire area, including containers as long as the containers are large enough to contain the object of the search?
These are presumptively unconstitutional.
What is a warrantless search?
The court has held that this type of surveillance does not violate the 4th amdt when it is within FAA airspace, views private property, and could be observed by the public or by a commercially available tool.
What are aerial searches?
This case held that a search occured where officers collected historical cell location information over a 7-day period.
The court focused:
- The nature of the information obtained
- Attention to police efficacy
- The nature of the police intrusion required to obtain the information
An arrest warrant requires this.
What is a sufficient likelihood that a crime has been committed and this person is responsible?
This case held that an officer's subjective motivation in conducting a traffic stop is irrelevant if a reasonable officer would have found that a traffic violation had been committed.
What is Whren?
Asks:
1. Did the search violate D's subjective expectation of privacy? and
2. Would society consider that expectation of privacy reasonable?
What is Katz reasonable expectation of privacy test?
The court focuses on these two points to decide whether this tool (or type of tool) has constituted a search under the 4th amdt:
1. how available is this thing to the public?
2. the sanctity of the home
What are enhancing devices? (I will accept thermal imaging)
In this case, the court held that there was a reasonable expectation of privacy because the officers were capturing the content of the conversation, and as such, the 4th amdt had been violated.
What is Katz?
This test looks to the (1) basis of the knowledge and (2) veracity of the information to determine whether an informant's tip is reliable.
What is the Aguilar-Spinelli test?
This case holds that if particularity lacks in a warrant but is referenced by attachment and that attachment is connected to the warrant for the person read, the warrant will still be valid.
What is Groh?
These places have no expectation of privacy.
What is public?
This "tool" states that there is no reasonable expectation of privacy for information voluntarily turned over to a ___ party.
What is the 3rd Party Doctrine?
Dunn gave us these four factors to determine whether or not the area officers searched was curtilage.
What are:
1. The proximity of the area in relation to the home
2. Whether the area is enclosed
3. The nature of the use
4. What steps resident has taken to protect the area from observation
A search warrant requires this.
What is a sufficient likelihood that evidence of this crime will be found at this place?
Adresen holds that a warrant containing this is still valid so long as it related to the other listed items that were particular to the crime.
What is a "catch-all phrase"?
The 4th amdt protects against trespass of these things.
What is a person, house, paper, or effect?
This tool is sui generis and, if it alerts, can give rise to probable cause, allowing a further search to occur.
What are dog sniffs?
In this case, the court held that there was no reasonable expectation of privacy because the officers were capturing metadata, and as such, there was no 4th amdt violation.
What is Smith?
This case held that when officers made a good faith mistake by executing a warrant that was otherwise valid but had the incorrect address on it, the evidence seized could still be used.
What is Garrison?
Under what standard do we evaluate probable cause?
What is the totality of the circumstances?