To seize or not to seize?
Under this test, a search has taken place if both: 1) a person has a legitimate personal expectation of privacy in the area being searched by the government, and 2) this expectation is reasonable under the circumstances.
The Katz “reasonable expectation of privacy” test.
This type of tenancy lasts for a fixed period of time and has a defined end.
A term of years tenancy.
Police only need probable cause to search a car or similar type of motor vehicle.
The automobile exception to the warrant requirement.
This is required is for agreements to be enforceable, also known as a "meeting of the minds".
Mutual Assent
Where they reside for a natural person, but the principal place of business or state where they are incorporated for a corporation.
Domicile.
When the police must describe the specific persons and conversations to be overheard, as well as a particular and narrow timeframe within which the conversations will be overheard.
Wiretapping warrants.
This is an implied duty that requires the landlord to deliver residential premises that are safe and clean. It cannot be waived in the lease.
The warranty of habitability.
Police can search a specific area if the owner, or someone who has authority or whom the police reasonably believe has authority (i.e., apparent authority), gives consent.
The consent exception to the warrant requirement.
A benefit given in recognition of past services that were given gratuitously.
Past Consideration.
This doctrine consists of congressionally imposed limits to where a civil action can be brought, despite subject-matter or personal jurisdiction.
Venue Doctrine.
Under this test, a search has taken place if: 1) the police physically intrude onto a person’s property beyond what is socially expected or any implied license; and 2) they have done so with intent to gather information.
Constitutional Trespassing Test.
A tenant who has been constructively evicted has these remedies.
A tenant who has been constructively evicted may terminate the lease and withhold rent, provided that the tenant abandons the premises within a reasonable time.
If a police officer arrests a felony suspect in public or on the suspect’s property but outside the suspect’s home, the officer simply needs probable cause to arrest.
The “lawful arrest in public or outside a suspect’s home” exception to the warrant requirement.
When there has been a _____ breach, the nonbreaching party is excused from performance and may seek damages.
Material Breach
If any defendant is a citizen of the same state as any plaintiff, this is destroyed.
Complete Diversity for the purposes for Diversity Jurisdiction.
Police commit _____ if they meaningfully interfere with the defendant’s possessory interest in an item.
Seizure of property.
The original tenant will always remain in privity of contract with the landlord unless _______ exists.
Novation.
Under the 4th amendment, a warrant for search or arrest requires these four requirements.
1) probable cause,
2) issued by a neutral and detached magistrate
3) provided under oath or affirmation by officer, and
4) particularity requirement.
Entirely new contracts that discharge the obligations owed under prior contracts.
Novation and substituted contracts.
The bar to bring your state claim to a federal judge is very high and difficult to meet. Back to state court with you!
Embedded federal question doctrine.
Even if there’s no probable cause to believe a crime is present at a certain location, _____ may be issued if there is probable cause to believe that the evidence will be at that location at a future time after the occurrence of a triggering event.
An anticipatory search warrant.
A tenant may cause these three types of waste.
Affirmative (voluntary) waste (Tenant’s actions cause harm, decreasing property value)
Ameliorative waste (Alterations by tenant to property, even if these alterations increase the property value)
Permissive waste (Tenant’s negligence (failure to make minor repairs beyond ordinary wear and tear) causes harm to property (ie. failing to repair or report to landlord a leaking roof).)
A police officer can perform a warrantless seizure of an item if the officer meets these four requirements.
The officer must:
(1) be lawfully present in the location;
(2) See an item in plain view;
(3) Have probable cause to believe it is contraband or evidence of a crime; and
(4) Have a lawful right of access to the item.
Occurs when all parties agree to surrender their rights and terminate the contractual obligations.
Mutual Rescission
The level of interactivity on the defendant’s website, the extent of website “hits” by users in the forum state, and the extent of commercial activity conducted by the defendant in the forum state.
The "stream of e-commerce" factors.