An open field is unoccupied or undeveloped land outside the curtilage of the home and is NOT an "effect" within the meaning of the 4th
open field doctrine
police entry into open fields does not implicate 4th amendment
true
law enforcement trespassed on D’s rural property, ignoring "no trespass" signs and discovered marijuana fields. Is there a search?
Oliver
4 factor test for determining if area=curtilage (extension of the home)
1. Proximity of the area to the home
2. Whether the area is in an enclosure near the home (shed)
3. Nature of the uses of the area
4. Steps taken to protect the area from outside observation
What's protected in terms of if search occurred:
The house itself
Structures within the curtilage
The curtilage itself
Sidewalks and driveways
The gov received a warrant to install a GPS on D's car in DC within 10 days, on the 11th day the warrant no longer applied b/c the police acted outside the location and time frame
U.S. v. Jones
#AppleAirTags
Does Attaching a GPS to an individual’s car, and using that GPS to monitors that individuals movements on public streets constitutes a search ?
yes
does Attaching a GPS to an individual’s car, and using that GPS to monitors that individuals movements on public streets violate the 4th amendment ?
yes
reasonable expectation to privacy
Katz
is Using a drug sniffing dog on a homeowners porch to interstate what’s inside the home is a search ?
yes
- Florida v. Jardines
- Case where police got unverified tip that D was growing marijuana in home.
- Month later officer went to D's home with a drug-sniffing dog that picked up on the scent of narcotics before leaving.
- officer used this information to apply for a warrant to search D's house: marijuana plants were found in the house and D was charged w/trafficking in cannabis
Flordia v. Jardines
#K9OnThePorch
Did the police trespass onto Jardines property when they brought K9 on his porch ?
yes
Does the reasonable expectation to privacy test apply to Jardine
yes, his porch is apart of his home
Area surrounding/ associated with the home receives protection b/c it is a part of the home
Curtilage Rule:
Open fields (even if privately owned) are a free-for all if police are gathering information
Open Field Doctrine
T/F: The home and curtilage of the home are protected by the 4th Open fields are not
true
- Case where D and others ordered 50 gallon of ether from an gov't informant
- informant consented to the agents
substituting the container with their own that contained a beeper
U.S. v. Karo
- BepperContainer
Does the installation of a beeper in a container of chemicals w/consent of original owner constitutes seizure under as understood in 4th amendment when the buyer of the container does not know of the beeper?
NO
- karo
the transfer of the container in Karo did not constitute a seizure b/c?
The container that had the beeper in it belonged to the DEA, so no 4th amendment rights were violated
There is a ___ where there is a meaningful interference with one’s ____
