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Open Fields Doctrine
Open fields cannot support a reasonable expectation of privacy and are not protected by the 4th amendment. |
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Aerial Surveillance of Backyard |
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Aerial surveillance from private plane in navigable airspace from 1000 ft. altitude.
Referred to Katz v. US. |
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Random aerial surveillance |
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Random aerial surveillance |
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Aerial photography for investigative purposes
The government generally does not seek to appropriate trade secrets of the private sector |
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Penal Code Section 6219, et seq
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18 U.S. Code Section 2510 and 2511 (2)(c), et seq. |
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Defines terms such as "wire communication," "oral communication," etc. |
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No expectation of privacy in point to point transmissions, "ham radio" |
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The courts have ruled that evidence found in searches based on consent obtained by an undercover cop or as an informer to be admissible. |
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The warantless search of a car does not violate the Constitution. The mobility of a car makes it impracticable to get a search warrant. |
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Once an accused is under arrest and in custody, a search made at another place without a warrant is not incident to that arrest. |
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Absent exigency, the warrantless search of double-locked luggage just placed in the trunk of a parked vehicle is a violation of the 4th amendment and not justified under the automobile exception |
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Okay to search automobiles w/o warrant |
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Police may search a container within an automobile without a warrant where they have probable cause |
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Terry-frisk for weapons with reasonable suspicion |
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Allow searches of car compartments during a stop with reasonable suspicion. |
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The 4th amendment does not prohibit the state from proving criminal charges with the evidence discovered during the inveotry search of the respondent's van. |
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Investigative stops meet the Fourth Amendment's requirement of brevity governing detentions on probable cause. |
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While it is legal for authorities to target and approach a person based on their behavior, they cannot detain or search an individual without a warrant. |
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Drug courier profile. Detention ok with probable cause. |
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Evidence viable if found under consent
“go ahead” = consent |
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Handing off keys implies consent |
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Trash rummaging, bad.
Overturned by Greenwood |
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The 4th amendment does not prohibit the warnatless search and seizure of garbage left for collection outside the curtilage of a home. |
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Fourth Amendment does not prohibit the warrantless search and seizure of garbage placed on the curb for collection |
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The area near the barn is not within the curtilage of the house for 4th amendment purposes. |
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Thermal imaging may only be done with a warrant. |
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The 4th amendment does not apply to the search and seziure by the U.S. agents of property owned by a nonresident alien and located in a foreign country. |
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State of Florida v. Williams
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Non-capital punishment offenders must be afforded reasonable bail.
Do not accept ill-gotten money. |
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