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Crim Pro Midterm questions well answered already passed
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Crim Pro Midterm questions well answered already passed
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Crim Pro Midterm questions wellanswered already passed
Katz v. United States Test - correct answer ✔✔1. Person have a subjective
expectation of privacy
2. Expectation has to be one that society is prepared to recognize as reasonable
Search - correct answer ✔✔Government examination into an area where one has
a reasonable expectation of privacy
Katz Test - Reasonable Expectation of privacy - correct answer ✔✔1. Area where
suspect has demonstrated, at the time of incident, subjective expectation of
privacy (Subjective)
2. This expectation is one which society is prepared to accept as reasonable
(objective)
. Assumption of Risk Doctrine - correct answer ✔✔When tell someone about your
illegal activity you assume the risk, no reasonable expectation of privacy when tell
someone (White Test)
-survives with use of technology
Participant Monitored Conversations - correct answer ✔✔- Participant knows of
monitoring by police
- no Katz analysis, just white's assumption of risk
,Third Party Doctrine - correct answer ✔✔no reasonable expectation of privacy for
things you voluntarily turn over to third party (Smith v. Maryland)
Open Fields Doctrine - correct answer ✔✔-Police entry of an open field does not
implicate the 4th Amend.
- May include any unoccupied or undeveloped area outside of the curtilage of a
home
-need not be open nor a field
- no reasonable expectation of privacy in an open field
- when government is looking at an open field, mode of intrusion doesn't matter
Curtilage - correct answer ✔✔**mode of intrusion matters**
- the land immediately surrounding and associated with the home
- are that extends to the immediate sanctuary of the home
Four Dunn Factors to determine Curtilage - correct answer ✔✔1. The proximity of
the area claimed to be curtilage to the home
2. Whether the area is included within an enclosure surrounding the home
3. the nature and the use to which the area is put
4. the steps taken by the resident to protect the area from observation by police
passing by
Kyllo Decision - correct answer ✔✔-Obtaining, by sense enhancing technology,
any information regarding the interior of the home the could not otherwise have
been obtained without physical intrusion into a constitutionally protected area
, constitutes a search - at least where the technology in question is not in general
public use
-Looks at the quality of information obtained:
-would you have to enter threshold of home to know
- where was it used
- what information are they getting
- what type of technology
United States v. Knotts - correct answer ✔✔-Beeper not a search on public land
- A person traveling in an automobile on public thoroughfare has no reasonable
expectation of privacy in his movement from one place to another
-Visual surveillance form public place would have revealed the same information
United States v. Karo - correct answer ✔✔Same as Knotts except went inside
home so it was unconstitutional
United States v. Place - correct answer ✔✔dog sniff of luggage in public place not
a search
Illinois v. Caballes - correct answer ✔✔dog sniff of exterior of trunk of car lawfully
stopped for traffic ticket not a search
United States v. Jones (other Search Test) - correct answer ✔✔- Installation of GPS
and monitoring using it constitutes a search
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