There is no violation of the 4th amendment unless _______________
there is a trespass to private property
T/F: There must be a physical intrusion before there is constitutional violation
True
- trespass to property
In Katz did the gov't violate his 4th amendment right by listening in on his conversation in the telephone booth?
Yes, Katz was aware that he could be seen, but what he wanted to exclude was eavesdropping or the uninvited ear.
Does the 4th amendment cover tangible items and oral statements overheard w/out technical trespass?
Yes
- Katz
T/F: 4TH PROTECTS PEOPLE, not just areas, against unreasonable search/seizure, even absent a physical intrusion
True
- Katz
There is a search when there is a _____
reasonable expectation of privacy
T/F: Recordings of oral statements are protected by the 4th amendment prohibition against unreasonable searches?
True
- katz
Case where defendant had multiple conversations with government informant that were recorded about his involvement with drugs #InternationalSuperSpy
U.S. v. White
Does the law protect defendants who trust undercover agents and accomplices?
NO
- white
Does the 4th amendment keep government agents from testifying to conversations they heard over a radio device/wire tap?
No
Does the 4th amendment protect defendants who have conversations with an undercover agent and it is recorded?
no
- white
T/F: There is no expectation of privacy to the contents of a conversation with a government informant.
True
- White BLL
4th amendment right against search/seizure does not protect from ________ , so there is no 4th amendment search/seizure protection when the person D is speaking with is a secret informant recording the conversation
misplaced expectations of trust
- white
A Dep't of the Interior agent suspected marijuana was being grown in D's home: 2 agents used a thermal imagery from one of the agent's car to scan D's home from the front and back for high intensity lamps required for marijuana growth
A federal magistrate judge used tips from informants, utility bills, and the imaging obtained by the agents to issue a search warrant for D's home
Using the thermal images in the first place is not protected bc violates 4th amendment search and seizure
Kyllo v. U.S
- (Katz & New Technology) #CaughtIn4KWeedGrower
Does the law prohibit the thermal imaging of a private residence?
yes
- kyllo
T/F: the search by surveillance of someones home with by using thermal imaging is unreasonable w/o a warrant