The U.S. Supreme Court ruled in United States v. Dunn that determining whether an area is considered a part of the curtilage and therefore covered by Fourth Amendment protection rests on four factors. The Issue: Whether and under what circumstances an officer may enter a suspect's home and evidence to make a warrantless arrest. There is a reasonable expectation of privacy for curtilage. The factors used to determine curtilage are easily applied by a trial courts with great precision. Which of the following situation is covered by the Fourth Amendment? The Issue: Is there sufficient information to establish probable cause? 11. The officers used a thermal imager to scan Kyllo's house from a vehicle across the street. 17. In 2001, the Supreme Court held in Kyllo v. United States that police officers violated the Fourth Amendment when they used a thermal imaging device to detect marijuana plants growing inside a home. Is the area included in enclosure around the home? The Conclusion: State sanctioned police incursion into privacy violates the guarantees of the Fourteenth Amendment, thus states must honor the Fourth Amendment. An individual can withdraw their consent to a search at any time, and that withdrawal, standing alone, cannot support finding of probable cause or reasonable suspicion. Horton v. California: Issue, Rule, and Conclusion.
The development of the thermal imaging camera attachment and app raises the question of the vitality of the "general public use" standard in a time of fast-changing technological innovation. The federal government should have obtained a warrant before wiretapping the telephone booth. The person must have authority to consent! The People. In a more recent case in 2012, U.S. v. Jones, the high court held that attaching a GPS tracking device to a vehicle and using that device to monitor the vehicle's movements in public streets was a "search" for purposes of the Fourth Amendment because officers had to physically intrude on the vehicle to place the device. It must be immediately apparent that the item that is seized is contraband or other evidence or fruits of a crime. The Rule of Law: The government cannot perform an illegal search and seizure, regardless if the search is physical or not.
Spinelli v. United States: Issue, Rule, and Conclusion. denying ownership of a wallet confiscated by police.
Is a person seized when they're being chased by the police? The Issue: Whether when police obtain the voluntary consent of an occupant who shares authority over the area in common with a co-occupant who later objects to the use of evidence obtained in a search is a lawful evidentiary seizure?
The Conclusion: The United States Supreme Court concluded that even though inadvertence is a characteristic of most legitimate plain view searches, it is not a necessary condition. Georgia v. Randolph: Issue, Rule, and Conclusion. If there is an arrest in a public place, a warrant is not necessary to make that arrest. Facts and circumstances within an officer's knowledge or of which he/she has reasonable, trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that items connected with criminal activity will be found in the place to be searched.
Three basic requirements of the plain view doctrine must be met for the evidence to be seized legally by the police. If property is ____, any police search or seizure of the property is not covered by the Fourth Amendment, An office's activity in looking at an item from a place where the officer has a right to be is covered under the. An officer must lawfully be in a position to seize the item. Images from a thermal imaging scanner are pictured on a computer screen at Bali's international airport. This is land right outside the home. The Rule of Law: Absent exigent circumstances, a warrantless entry to search for weapons or contraband is unconstitutional, even when a felony has been committed and there is probable cause to believe that incriminating evidence will be found inside. This also applies with a hotel manager and a guest room.) The Rule of Law: The government cannot perform an illegal search or seizure, regardless if the search is physical or not. It was the choice of Hodari to flee, and since they were not under arrest, it was their choice to dispose of the drugs. The Rule of Law: Whether legal authority to move the equipment could only be found as an inevitable concomitant of the authority to seize it, or also as a consequence of some independent power to search certain objects in plain view, probable cause to believe the equipment was stolen was required.
Thermal imaging devices have been available for sale online, relatively cheaply, for at least a couple of years. The release of the app reintroduces questions about how our Fourth Amendment rights will continue to be protected — or not — as technology advances rapidly.
they can be seized by an officer without a warrant or probable cause.
Which of the following is least likely to be considered a factor in determining whether an area is part of the open fields or curtilage?
16.
The ____ Doctrine states that items that are within the sight of an officer who is lawfully in the place from which the view is made may properly be seized without a warrant - as long as such items are immediately recognized as being subject to seizure. For plain view to apply, the discovery of the evidence must have been inadvertent, 13.
FLIR Systems, a specialized camera company, plans to release its thermal camera and app for iPhone for less than $350 this spring.
"[F]or example, [the device can reveal] at what hour each night the lady of the house takes her daily sauna and bath," he wrote. (If this is the case, then the consent is valid, and the search is reasonable). The technology, originally designed for the military, displays objects by distinguishing differences in …
Actual authority: If there is a mutual use of property, the doctrine of common authority applies. The Conclusion: The United States Supreme Court overruled the United States Court of Appeals, stating that no warrant was required to electronically monitor conversations between a suspect and a government agent. since items in open fields are not protected by the Fourth Amendment guarantee against unreasonable searches and seizures. The Issue: Does the installing of a surveillance device inconspicuously (without the recipients' knowledge) constitute a seizure under the Fourth Amendment? Review courts obligation is to ensure the magistrate had a substantial basis for concluding that probable cause existed. If a space is part of a home's curtilage, it is automatically entitled to constitutional protection against any and all intrusions. Does the installation and use of a pen register constitute a search under the Fourth Amendment?
Which of the following would indicate abandonment of an item? The Conclusion: The Georgia Supreme Court's decision is upheld on the basis that both of the Randolph's did not consent to the warrantless search of the home. Quizlet will be unavailable from 4-5 PM PT. Is physical penetration of a constitutionally protected area necessarily the only way that the Fourth Amendment can be violated? The Issue: The issue is at what point does a seizure take place? The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...People are entitled to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.
Kyllo v. United States, 533 U.S. 27, held in a 5–4 decision that the use of a thermal imaging, or FLIR, device from a public vantage point to monitor the radiation of heat from a person's home was a "search" within the meaning of the Fourth Amendment, and thus required a warrant.
The Fourth Amendment can apply to thermal imaging. It must be immediately apparent that the item that is seized is contraband or other evidence or fruits of a crime. Abandoned property is not protected by the Fourth amendment guarantee against unreasonable searches and seizures, so it may be seized without a warrant or probable cause.
The Rule of Law: No reasonable expectation of privacy in conversations with other people, and you assume the risk that the people that you talk to are government informants, and they may be recorded, taped, or monitored. In which of the following situation would plain view not apply? Illinois v. Rodriguez: Issue, Rule, and Conclusion. The Conclusion: The United States Supreme Court overruled the United States Court of Appeals, stating that no warrant was required to electronically monitor conversations between a suspect and a government agent.
United States v. Karo: Issue, Rule, and Conclusion. The Rule of Law: A seizure of property occurs when there is some meaningful interference with an individual's possessing interest in that property. Not only must the officer be lawfully located in a place from which the object can be plainly seen, but he or she must also have a lawful right of access to the object itself.
The Issue: Should the evidence (lewd and lascivious materials) be allowed into evidence? Can evidence gained from such wire tappings used in court? Fourth Amendment Guarantees: Warrants Clause. An expectation of privacy that is generally recognized by society.
The Fourth Amendment does not apply to private citizens; only to government actions. The Rule of Law: An essential predicate to any valid warrantless seizure of incriminating evidence is that the officer did not violate the Fourth Amendment in arriving at the place where the evidence could be plainly viewed. The Conclusion: The United States Supreme Court sides with the State of Illinois. The Rule of Law: When the subject of a search is not in custody, and the state attempts to justify a search on the basis of his consent, the Fourth and Fourteenth Amendments require that it demonstrate that the consent was in fact voluntarily given, and not the result of duress or coercion, expressed or implied. No Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized... Who is protected by the Fourth Amendment?
(Breaking Bad fans, it's like the one that Hank Schrader tried to place on Walter White's vehicle.
Which of the following is not one of those way? Without a Warrant: Police Drones—Recording Telephone & Private Conversations In Your Home & Business To Forfeit Property? Veracity Prong: The credibility and reliability of the informant. An officer's original intrusion or location must be lawful. The Issue: Is there sufficient information to establish probable cause? Which of the following is not true of the open fields doctrine? The reasoning for the remedies for Fourth Amendment are as varied as the Justices of the United States Supreme Court. The Conclusion: The United States Supreme Court reversed the lower court's decision affirming Spinelli's conviction based on a lack of credible information contained in the informant's hearsay. The forms of seizure include arrest (For government officials to make an arrest there should be Probable Cause that said person committed an offense. The Rule of Law: The United States Supreme Court applied the Exclusionary Rule to State Court proceedings. The Conclusion: The use of a pen register, without a warrant, does not constitute a violation of Smith's Fourth Amendment protections. The Rule of Law: If the affidavit rests on hearsay, and informants report, what is necessary is the informant must declare either that he has himself seen or perceived the facts asserted, or that his information is hearsay, but there is good reason for believing it. Does in a prosecution for a State court for a State crime, the Fourteenth Amendment forbid admission of evidence obtained by an unreasonable search and seizure? Mapp v. Ohio: Issue, Rule, and Conclusion.
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