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Case Precedent
Fourth Amendment Case Law
Case Briefing
Fourth Amendment History & Requirements
Scenarios
100
Is the CT Trial Court bound by the decisions of the U.S. Court of Appeals?
No
100
This is the case where the U.S. Supreme Court first laid out the test for Reasonable Expectation of Privacy?
U.S. v. Katz
100
Once a Judge has reached a decision on a case, she writes a(n) _________________________ stating the path the case has taken, the ultimate decision by the court, and the reason for that decision.
Opinion
100
People have the right to be secure in their persons from unreasonable ______________________ and __________________________ by the ________________.
search , seizure, Government
100
Kyle has a briefcase full of his important work documents with him when he checks into a hotel. His hotel room has a safe. Kyle puts the briefcase in the safe and leaves for the day. When he returns to the room, he sees the safe is open and the hotel security guard is rifling through his briefcase. Kyle files a lawsuit against the hotel for violating his 4th Amendment rights. Will he win? Why or why not?
No. No government actor.
200
What court is the United States Supreme Court bound by when it is making a decision on a case?
The U.S. Supreme Court
200
This case said that a search of a person's garbage left at the curb was not a violation of the 4th Amendment.
California v. Greenwood
200
In a case brief, what is the name given to the problem that the court must solve?
The issue
200
What must the government obtain in order to interfere with an individual's reasonable expectation of privacy and who can give it to them?
Warrant, a judge
200
You are a lawyer, and your client comes in and says he was arrested because the cops saw he was illegally keeping a gorilla in his back yard. As you talk to him, he reveals that the gorilla pen was opaque, and he guesses that the cops either used an x-ray machine to see through the pen, or flew over the pen and saw the gorilla from above. Which of the two possible searches will likely yield a positive outcome for your client?
If they used an x-ray machine (Kyllo)
300
If a lawyer wants to demonstrate how his case is similar to a case that a court has decided in the past, he must _____________________ his case to the past case. If a lawyer want to demonstrate how her case is different to a case that a court has decided in the past, he must ______________________ his case to the past case.
analogize, distinguish
300
What case stands for the principle that a search using technology which enhances one's ability to see the inside of a person's home is a violation of the 4th Amendment?
Kyllo v. United States
300
What are the 6 parts of a brief?
1. Facts 2. Procedural History 3. Issue 4. Decision 5. Holding 6. Rule
300
When England ruled the American colonies, British officials had unchecked power to interfere with the actions of the Americans through the use of “__________ _____________” to search colonialist homes and seize goods.
General Warrants
300
The cops use a thermal imaging device to see that Susie is growing marijuana in her closet. Using this information, they go to a judge and obtain a warrant. They arrest Susie. Is this arrest a violation of Susie's 4th Amendment rights? why or why not?
Yes, because the information used to get the warrant was an unreasonable search.
400
If the decision of a U.S. Supreme Court case goes against your argument, how should you address it when you are arguing your case to the Court?
Distinguish it
400
What was the rule in Ciraolo?
A warrantless naked-eye observation of a fenced-in backyard is not a violation of the 4tth Amendment.
400
The ____________________ is the part of the opinion that captures the views of the Supreme Court Justices who disagree with the majority.
Dissent
400
What are the 4 questions a judge will ask herself in order to determine if an individual's Fourth Amendment rights have been violated?
1. Did a government actor conduct the search? 2. Did the government actor have a warrant for the search? 3. Did the individual consider the area private? 4. Does society agree that the area is private?
400
Owen is getting married, and he is talking to his fiance about how he needs to steal money from the local Bank of America in order to finance their honeymoon to Tulsa. Little does he know, the police have bugged his phone without a warrant and hear that conversation. Owen goes to the bank that afternoon, and is arrested. You're Owen's lawyer. What case should you read first?
Katz v. United States
500
Which of the cases we have studied in this class should a lawyer arguing a case about the 1st Amendment rely on?
None
500
Name one fact that distinguishes Ciraolo from Kyllo
-use of technology not in everyday use -inside the home versus outside the home
500
What words from the following sentence you would omit from the FACTS section in a case brief: "The Government saw marijuana plants from the plane, but they did not need a warrant because Mr. Ciraolo did not have a reasonable expectation of privacy."
but they did not need a warrant because Mr. Ciraolo did not have a reasonable expectation of privacy
500
Does the fact that the Government was able to obtain a warrant to search your house mean that you never had a reasonable expectation of privacy in your house?
No
500
The police obtain a warrant to search Bulkeley High School because they suspect that the cafeteria was serving food stolen from Stop & Shop. When looking for the stolen food, they open a student's backpack and find a stolen diamond ring. The student claims the search violated his 4th Amendment rights, but the cops say they had a warrant to search the building. Who is right and why?
The student because the warrant was too broad.