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Whole outline - 4th Amendment 1. Protected Interests: the...

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4 th Amendment 1. Protected Interests: the 4 th Amendment a. 4 th A : “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and 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”. i. 4 th A only applies to searches and seizures which are unreasonable. ii. 4 th A only applies to government officials or people working for government, if some random asshole wants to tell on you then the 4 th A doesn’t apply. 1. ex: private investigators can do shit police can as long as there is no pre arrangement with the police 2. If a government agent performs a search of the same material searched by the private agent, the government will be deemed to have intruded upon the owner’s privacy interest only to the extent that the governmental search or seizure exceeds the scope of the private one. (U.S. v. Jacobsen). 3. Private actor: can still trigger 4 th if police participated in planning and implementation of making them raid someone’s shit. a. Look to see what private actors motivation is for aiding police, if personal motivation then ok, but if police motivate her then triggers 4 th . 4. Security Guards: Some courts have held that security personnel should be treated as government officers when their behavior goes beyond protecting client and becomes quasi-law enforcement. a. Or when security guard is also a cop there are 4 th implications. iii. The founding fathers were mostly concerned with cops barging into people’s homes. b. What constitutes a search? Application of concept of privacy, not about physical intrusion: i. Rule from Katz. c. Areas Protected i. Pre Katz: Limited to private property owned by the subject of the search 1. Curtilage: also gave protection to the surrounding of the dwelling. a. “all buildings in close proximity to a dwelling, which are continually used for carrying on domestic employment, or such a place as is necessary and convenient to a dwelling, and is habitually used for family purposes”. U.S. v. Potts. ii. Katz v. U.S.: court rejects idea that only private property could be protected and instead goes with the “reasonable expectation of privacy doctrine”: 1. the 4 th applies to any government search or seizure that interferes with a person’s reasonable expectation of privacy . a. Must have manifested a subjective expectation of privacy . b. Also : think if they assumed the risk…. c. How intrusive was action ? Did it involve home or the person? Etc. 2. Facts: cops have evidence that he is illegally gambling and put a listening device on a phone both to listen to him placing bets. 3.
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This note was uploaded on 04/08/2008 for the course LAW 2LAW-230-0 taught by Professor Hoefell during the Fall '07 term at Tulane.

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Whole outline - 4th Amendment 1. Protected Interests: the...

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