Week 3 Notes
Week 3 Notes CJ 461
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This 3 page Class Notes was uploaded by Alyssa Hendrixson on Friday September 4, 2015. The Class Notes belongs to CJ 461 at University of Alabama - Tuscaloosa taught by Daniel Clay in Summer 2015. Since its upload, it has received 44 views. For similar materials see Criminal Law II in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 09/04/15
st4th Amendment Violations 91 0 When you conduct a search what are you looking for o Instrumentalities of the crime Whatever you use to commit the crime 0 Gun computer server etc Fruits of the crime Reason you committed the crime 0 Money jewelry etc o Contraband Can overlap with fruits of the crime Stuff that is illegal for the sake of being illegal 0 Drugs pornography etc 0 Evidence of criminal activity Ledger etc o ncriminating statements Interrogations tapping phones etc o The Warrant Clause 0 quotno warrant shall issue but upon probable cause supported by oath or af rmation and particularly describing the place to be searched and the persons or things to be seizedquot 0 Was it lawful 0 De ning a Search The Reasonable Expectation of Privacy 93 0 History of the expectation o Boyd v US Property righttrespass approach 0 Olmstead v US Warrantless wiretap of an of ce Did not involve a quotphysical objectquot Trespass required tangibility Protected places not people 0 The New Approach 0 Katz v US 1967 Phone booth was wiretapped and microphones put outside of phone in booth Overheard Katz talking about illegal gambling Ruling Warrant is required to hear phone conversations 0 There is a reasonable expectation of privacy once the door of the booth closes Wiretapping counts as a search on a phone booth 0 Test of a search Katz Test AKA quotthe expectation of privacyquot test Subjective expectation of privacy 0 Individual manifestation Objective expectation of privacy 0 Society accepts it s as reasonable Protects people not places 0 Applying Katz Pen Registers List of numbers to call 0 LE cell phone records Violates subjective expectation of privacy Bank Records 0 Financial statements 0 Being held by a third party Violates subjective expectation of privacy Emails 0 Third party involved Violates objective expectation of privacy lnformantsConversations o In real time you have an expectation of privacy 0 Once conversation is over expectation is not reliable on other party 0 Private parties can do what they want and search becomes legal Plain View 0 Legally situated and probable cause 0 Example Weed is in clear view of police of cer Violates subjective expectation of privacy Open Fields land 0 Commercial v private v public property 0 Private property Highest expectation of privacy 0 Public property Little expectation of privacy 0 Usually only on person 0 Commercial Open to public 0 No expectation of privacy Need a warrant for parts for employees only Curtilage 0 Living area of home Distance 0 How close it the area to actual home Enclosure 0 Have you put up something to make the space enclosed Function 0 How often is the property used Protection 0 What have you done to protect your property Aerial Surveillance Below legal height 0 No privacy 0 Subjective expectation of privacy 0 Plain view 0 Above legal height 0 There is an expectation of privacy 0 Abandoned property California v Greenwood 1988 0 Put trash on curb and police went through it o No subjective expectation of privacy 0 New Technology Kyllo v US 2001 0 Used infrared inside house to nd pot growing inside house 0 Was a search 0 There was a subjective expectation of privacy 0 Public did not have access to technology 0 Ruling would have changed if technology was commonly used US v jones 2012 0 GPS was put on car Violates subjective expectation of privacy 0 Court said it was a legal search of the car
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