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Copyright Cengage Learning. Powered by Cognero.
Page 13
a.
subjective privacy.
b.
objective privacy.
c.
individual privacy.
d.
constitutional privacy.
ANSWER:
a
POINTS:
1
REFERENCES:
Searches
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.04 - Know that if government actions don’t invade an expectation of
privacy that society is prepared to recognize, it’s not a search, and the Fourth Amendment
doesn’t apply. In other words, the actions are left to the discretion of individual officers.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:10 AM
DATE MODIFIED:
1/6/2017 5:11 AM
33. According to SCOTUS, seizures of property occur when the government meaningfully interferes with an
individual’s:
a.
possession of something.
b.
home.
c.
ability to move about.
d.
bank accounts.
ANSWER:
a
POINTS:
1
REFERENCES:
Seizures of Property
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.07 - Understand that property is seized whenever the government
meaningfully interferes with an individual’s possession of something. Appreciate the unique
challenges of defining “property,” such as files on a computer, in the Digital Age.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:11 AM
DATE MODIFIED:
1/6/2017 5:12 AM
34. Which of the following is one of the types of crime that searches and seizures were originally intended to
combat?
a.
murder
b.
burglary
c.
sedition
d.
kidnapping
ANSWER:
c
POINTS:
1
REFERENCES:
The History and Purposes of the Fourth Amendment
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.02 - Know that the original purposes for searches and seizures were to
enforce sedition and customs laws, not the ordinary crimes that concern law enforcement
today.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:12 AM
DATE MODIFIED:
1/6/2017 5:13 AM
35. The Fourth Amendment balances the government’s power to control crime and:
a.
the individual right of privacy.
b.
the authority of police to protect citizens.
c.
the ability to prevent acts of terrorism.
d.
the individual right to protection from assault.
ANSWER:
a
POINTS:
1
REFERENCES:
Searches
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.03 - Understand that the Fourth Amendment bans only “unreasonable”
searches and seizures made by law enforcement in order to balance the government’s power
to control crime and the liberty and privacy rights of individuals.
CRPR.SAMA.18.03.04 - Know that if government actions don’t invade an expectation of
privacy that society is prepared to recognize, it’s not a search, and the Fourth Amendment
doesn’t apply. In other words, the actions are left to the discretion of individual officers.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:21 AM
DATE MODIFIED:
1/6/2017 5:22 AM
36. In practice, searches and seizures sometimes serve to protect police officers.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
The History and Purposes of the Fourth Amendment
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.02 - Know that the original purposes for searches and seizures were to
enforce sedition and customs laws, not the ordinary crimes that concern law enforcement
today.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:22 AM
DATE MODIFIED:
1/6/2017 5:23 AM
37. The Fourth Amendment only protects against invasions that amount to unreasonable searches and seizures.
a.
True
b.
False
ANSWER:
True
Copyright Cengage Learning. Powered by Cognero.
Page 15
REFERENCES:
Chapter Introduction
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.01 - Know that Fourth Amendment analyses follow a three-stop process
based on the answers to three questions in the following order: (1) Was the law enforcement
action a “search” or “seizure”? (2) If the action was a search or seizure, was it reasonable? (3)
If the search/seizure was unreasonable, does the Fourth Amendment ban its use as evidence?
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:23 AM
DATE MODIFIED:
1/6/2017 5:24 AM
38. SCOTUS has held that citizens have a reasonable expectation of privacy in the telephone numbers they call.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Searches
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.04 - Know that if government actions don’t invade an expectation of
privacy that society is prepared to recognize, it’s not a search, and the Fourth Amendment
doesn’t apply. In other words, the actions are left to the discretion of individual officers.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:24 AM
DATE MODIFIED:
1/6/2017 5:25 AM
39. According to the privacy doctrine, the Fourth Amendment protects places, not persons.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Searches
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.04 - Know that if government actions don’t invade an expectation of
privacy that society is prepared to recognize, it’s not a search, and the Fourth Amendment
doesn’t apply. In other words, the actions are left to the discretion of individual officers.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:25 AM
DATE MODIFIED:
1/6/2017 12:14 PM
40. The discovery of evidence by means of a law enforcement officer’s ordinary senses in any place where the
officer has a lawful right to be is not a search.
a.
True
b.
False
ANSWER:
True
POINTS:
1
Copyright Cengage Learning. Powered by Cognero.
Page 16
REFERENCES:
Searches
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.04 - Know that if government actions don’t invade an expectation of
privacy that society is prepared to recognize, it’s not a search, and the Fourth Amendment
doesn’t apply. In other words, the actions are left to the discretion of individual officers.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:26 AM
DATE MODIFIED:
1/6/2017 5:27 AM
41. In Kyllo v. U.S. (2001), SCOTUS ruled that the discovery and measurement of heat from a home by law
enforcement, using a method not readily available to the public, is a Fourth Amendment search.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Searches in the Digital Age
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.06 - Appreciate the SCOTUS’s difficult job of balancing government
power to control crime with individual liberty and privacy in the Digital Age. Know that
SCOTUS has yet to decide if there is a reasonable expectation of privacy in some common
forms of communication, such as text messages and emails.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:27 AM
DATE MODIFIED:
1/6/2017 5:27 AM
42. Installing and monitoring a GPS receiver is never a Fourth Amendment search.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Searches in the Digital Age
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.07 - Understand that property is seized whenever the government
meaningfully interferes with an individual’s possession of something. Appreciate the unique
challenges of defining “property,” such as files on a computer, in the Digital Age.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:27 AM
DATE MODIFIED:
1/6/2017 5:28 AM
43. According to SCOTUS, there is no reasonable expectation of privacy for information voluntarily conveyed to
third parties.
a.
True
b.
False
ANSWER:
True
Copyright Cengage Learning. Powered by Cognero.
Page 17
POINTS:
1
REFERENCES:
Searches in the Digital Age
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.05 - Understand and appreciate that the Fourth Amendment doesn’t
protect information voluntarily conveyed to a third party, even though some of these third
parties provide services essential to our quality of life.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:28 AM
DATE MODIFIED:
1/6/2017 5:29 AM
44. Even if government actions don’t infringe upon a reasonable expectation of privacy, the Fourth Amendment
still applies.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
The History and Purposes of the Fourth Amendment
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.04 - Know that if government actions don’t invade an expectation of
privacy that society is prepared to recognize, it’s not a search, and the Fourth Amendment
doesn’t apply. In other words, the actions are left to the discretion of individual officers.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:30 AM
DATE MODIFIED:
1/6/2017 5:33 AM
45. According to the SCOTUS opinion in California v. Greenwood, involving incriminating evidence found in
the defendant’s trash, citizens have a reasonable expectation of privacy in trash that has been put outside for
collection.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Searches
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.04 - Know that if government actions don’t invade an expectation of
privacy that society is prepared to recognize, it’s not a search, and the Fourth Amendment
doesn’t apply. In other words, the actions are left to the discretion of individual officers.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:33 AM
DATE MODIFIED:
1/6/2017 5:35 AM
46. In the landmark case Katz v. U.S. (1967), SCOTUS expanded the trespass doctrine using the reasonable
expectation of privacy doctrine.
a.
True
Copyright Cengage Learning. Powered by Cognero.
Page 18
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Searches
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.04 - Know that if government actions don’t invade an expectation of
privacy that society is prepared to recognize, it’s not a search, and the Fourth Amendment
doesn’t apply. In other words, the actions are left to the discretion of individual officers.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:35 AM
DATE MODIFIED:
1/6/2017 5:36 AM
47. SCOTUS created the two-prong evaluation of privacy expectations in Katz v. U.S. (1967).
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Searches
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.04 - Know that if government actions don’t invade an expectation of
privacy that society is prepared to recognize, it’s not a search, and the Fourth Amendment
doesn’t apply. In other words, the actions are left to the discretion of individual officers.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:36 AM
DATE MODIFIED:
1/6/2017 5:37 AM
48. SCOTUS has ruled that searches of smartphones are Fourth Amendment searches.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Searches in the Digital Age
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.06 - Appreciate the SCOTUS’s difficult job of balancing government
power to control crime with individual liberty and privacy in the Digital Age. Know that
SCOTUS has yet to decide if there is a reasonable expectation of privacy in some common
forms of communication, such as text messages and emails.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:37 AM
DATE MODIFIED:
1/6/2017 5:38 AM
49. SCOTUS has held that a citizen can have a reasonable expectation of privacy in telephone conversations.
a.
True
b.
False
Copyright Cengage Learning. Powered by Cognero.
Page 19
ANSWER:
True
POINTS:
1
REFERENCES:
The History and Purposes of the Fourth Amendment
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.04 - Know that if government actions don’t invade an expectation of
privacy that society is prepared to recognize, it’s not a search, and the Fourth Amendment
doesn’t apply. In other words, the actions are left to the discretion of individual officers.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:38 AM
DATE MODIFIED:
1/6/2017 5:39 AM
50. A search conducted by a private party is not a Fourth Amendment search.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Searches
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.03 - Understand that the Fourth Amendment bans only “unreasonable”
searches and seizures made by law enforcement in order to balance the government’s power
to control crime and the liberty and privacy rights of individuals.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:39 AM
DATE MODIFIED:
1/6/2017 5:40 AM
51. The rule that detection by means of the ordinary senses is not a Fourth Amendment search is known as the
_______________ _______________ doctrine.
ANSWER:
plain view
POINTS:
1
REFERENCES:
Searches
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.07 - Understand that property is seized whenever the government
meaningfully interferes with an individual’s possession of something. Appreciate the unique
challenges of defining “property,” such as files on a computer, in the Digital Age.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:41 AM
DATE MODIFIED:
1/6/2017 5:42 AM
52. _______________ is the right to be let alone by the government.
ANSWER:
Privacy
POINTS:
1
REFERENCES:
The History and Purposes of the Fourth Amendment
QUESTION TYPE:
Completion
Copyright Cengage Learning. Powered by Cognero.
Page 20
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.02 - Know that the original purposes for searches and seizures were to
enforce sedition and customs laws, not the ordinary crimes that concern law enforcement
today.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:43 AM
DATE MODIFIED:
1/6/2017 5:44 AM
53. The Fourth Amendment protects against unreasonable searches and seizures by the _______________.
ANSWER:
government
POINTS:
1
REFERENCES:
Searches
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.03 - Understand that the Fourth Amendment bans only “unreasonable”
searches and seizures made by law enforcement in order to balance the government’s power
to control crime and the liberty and privacy rights of individuals.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:44 AM
DATE MODIFIED:
1/6/2017 5:45 AM
54. According to the _______________ _______________ doctrine, “the Fourth Amendment is not triggered
when private parties not associated with the government conduct searches and they turn over what they found to
the police” (U.S. v. Jacobsen 1984).
ANSWER:
private search
POINTS:
1
REFERENCES:
Searches
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.03 - Understand that the Fourth Amendment bans only “unreasonable”
searches and seizures made by law enforcement in order to balance the government’s power
to control crime and the liberty and privacy rights of individuals.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:45 AM
DATE MODIFIED:
1/6/2017 5:46 AM
55. Searches and seizures were originally intended to combat two kinds of crime prominent in British and
American colonial history: _______________ and _______________ _______________.
ANSWER:
sedition, customs violations
POINTS:
1
REFERENCES:
Chapter Introduction
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.01 - Know that Fourth Amendment analyses follow a three-stop process
based on the answers to three questions in the following order: (1) Was the law enforcement
action a “search” or “seizure”? (2) If the action was a search or seizure, was it reasonable? (3)
If the search/seizure was unreasonable, does the Fourth Amendment ban its use as evidence?
Copyright Cengage Learning. Powered by Cognero.
Page 21
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:46 AM
DATE MODIFIED:
1/6/2017 5:46 AM
56. Some lower federal courts and state courts have decided that there is a reasonable expectation of privacy in
_______________ and text messages.
ANSWER:
email
POINTS:
1
REFERENCES:
Searches in the Digital Age
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.06 - Appreciate the SCOTUS’s difficult job of balancing government
power to control crime with individual liberty and privacy in the Digital Age. Know that
SCOTUS has yet to decide if there is a reasonable expectation of privacy in some common
forms of communication, such as text messages and emails.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:46 AM
DATE MODIFIED:
1/6/2017 5:47 AM
57. The concept that a search requires a physical invasion into a constitutionally protected area is called the
_______________ doctrine.
ANSWER:
trespass
POINTS:
1
REFERENCES:
Searches
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.03 - Understand that the Fourth Amendment bans only “unreasonable”
searches and seizures made by law enforcement in order to balance the government’s power
to control crime and the liberty and privacy rights of individuals.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:47 AM
DATE MODIFIED:
1/6/2017 5:48 AM
58. According to SCOTUS, _______________ of property occur when the government meaningfully interferes
with an individual’s possession of something.
ANSWER:
seizures
POINTS:
1
REFERENCES:
Seizures of Property
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.07 - Understand that property is seized whenever the government
meaningfully interferes with an individual’s possession of something. Appreciate the unique
challenges of defining “property,” such as files on a computer, in the Digital Age.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:48 AM
DATE MODIFIED:
1/6/2017 5:49 AM
59. In U.S. v. Ganias (2014), a panel decided that the Fourth Amendment bans officials from executing a
warrant for the seizure of particular data on a _______________ to seize and indefinitely retain every file for
use in future criminal investigations.
ANSWER:
computer
POINTS:
1
REFERENCES:
Seizures of Property
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.07 - Understand that property is seized whenever the government
meaningfully interferes with an individual’s possession of something. Appreciate the unique
challenges of defining “property,” such as files on a computer, in the Digital Age.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:49 AM
DATE MODIFIED:
1/6/2017 5:50 AM
60. The right of citizens to come and go as they please is called _______________.
ANSWER:
liberty (the right of locomotion)
POINTS:
1
REFERENCES:
The History and Purposes of the Fourth Amendment
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.02 - Know that the original purposes for searches and seizures were to
enforce sedition and customs laws, not the ordinary crimes that concern law enforcement
today.
KEYWORDS:
Remember
DATE CREATED:
1/6/2017 5:50 AM
DATE MODIFIED:
1/6/2017 5:51 AM
61. Compare the trespass doctrine with the privacy doctrine in defining Fourth Amendment searches.
ANSWER:
Until the late 1960s, SCOTUS defined searches under what was called the trespass
doctrine. According to this doctrine, to be a search, officers had to physically invade
a “constitutionally protected area.” Constitutionally protected areas were the places
named specifically in the Fourth Amendment: persons, houses, papers, and effects.
Nontangible items not falling within the places named in the Fourth Amendment
were not protected under the trespass doctrine.
In Katz v. U.S. (1967), SCOTUS established the privacy doctrine. According to this
doctrine, the Fourth Amendment protects persons whenever the persons have an
expectation of privacy that society is prepared to recognize as reasonable. Thus,
under this doctrine, SCOTUS decided that a telephone conversation could be the
subject of an unreasonable search and seizure, a position previously rejected by the
searches and seizures made by law enforcement in order to balance the government’s power
to control crime and the liberty and privacy rights of individuals.
CRPR.SAMA.18.03.04 - Know that if government actions don’t invade an expectation of
privacy that society is prepared to recognize, it’s not a search, and the Fourth Amendment
doesn’t apply. In other words, the actions are left to the discretion of individual officers.
KEYWORDS:
Apply
DATE CREATED:
1/6/2017 5:51 AM
DATE MODIFIED:
1/6/2017 5:55 AM
62. In the Digital Age, SCOTUS faces a difficult task when deciding if searches by electronic surveillance
violate the Fourth Amendment. Identify types of electronic surveillance that have been named as Fourth
Amendment searches, and briefly explain the reasoning of the Court in making its decision.
ANSWER:
SCOTUS has decided that thermal imaging and GPS tracking are Fourth Amendment
searches. In the case of thermal imagers, SCOTUS concluded that, although there was
no physical trespass of the house, the discovery and measurement of heat from a
home is a Fourth Amendment search. In the opinion the Court stated “when the
Government uses a device that is not in general public use, to explore details of the
home that would previously have been unknowable without physical intrusion, the
surveillance is a ‘search’ and is presumptively unreasonable without a warrant.”
Regarding GPS, SCOTUS held that the government physically occupied private
property for the purpose of obtaining information. Given that the Fourth Amendment
protects property, the placement of a GPS tracker on private property constitutes a
Fourth Amendment search.
POINTS:
1
REFERENCES:
Searches in the Digital Age
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.06 - Appreciate the SCOTUS’s difficult job of balancing government
power to control crime with individual liberty and privacy in the Digital Age. Know that
SCOTUS has yet to decide if there is a reasonable expectation of privacy in some common
forms of communication, such as text messages and emails.
CRPR.SAMA.18.03.07 - Understand that property is seized whenever the government
meaningfully interferes with an individual’s possession of something. Appreciate the unique
challenges of defining “property,” such as files on a computer, in the Digital Age.
KEYWORDS:
Apply
DATE CREATED:
1/6/2017 5:54 AM
DATE MODIFIED:
1/6/2017 3:26 PM
63. Discuss the three-step process used in Fourth Amendment analyses.
ANSWER:
Fourth Amendment analyses follow a three-step process based on answering three
questions in the following order:
be enough evidence to convict the defendant, either now or sometime in the future.
POINTS:
1
REFERENCES:
Chapter Introduction
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.01 - Know that Fourth Amendment analyses follow a three-stop process
based on the answers to three questions in the following order: (1) Was the law enforcement
action a “search” or “seizure”? (2) If the action was a search or seizure, was it reasonable? (3)
If the search/seizure was unreasonable, does the Fourth Amendment ban its use as evidence?
KEYWORDS:
Apply
DATE CREATED:
1/6/2017 5:55 AM
DATE MODIFIED:
1/6/2017 3:27 PM
64. What is the third-party doctrine? Why is it important?
ANSWER:
According to the SCOTUS-created third-party doctrine (based on the assumption of
risk theory): whenever people knowingly reveal incriminating secrets, they assume
the risk that false friends will use the secrets against them in criminal cases. In other
words, if a person tells secrets to someone they trust, and the trusted party turns out to
be a government agent, it is the person’s own fault. The third-party doctrine is
important because it allows law enforcement officers to work undercover.
POINTS:
1
REFERENCES:
Searches
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.04 - Know that if government actions don’t invade an expectation of
privacy that society is prepared to recognize, it’s not a search, and the Fourth Amendment
doesn’t apply. In other words, the actions are left to the discretion of individual officers.
KEYWORDS:
Apply
DATE CREATED:
1/6/2017 5:57 AM
DATE MODIFIED:
1/6/2017 5:58 AM
65. Advanced technologies (such as thermal imagers, GPS trackers, email messages, and smartphones) present
unique challenges related to the Fourth Amendment. Discuss challenges faced by courts regarding searches and
advanced technology.
ANSWER:
The courts must determine whether a search occurred when advanced technology is
used. The different types of technology each represent their own issues. With thermal
imaging, the courts had to decide if measuring heat from a house using technology
not readily available to the public was a search. GPS tracking required determining if
a search had occurred when placing a tracking device on a vehicle that would be
entering a constitutionally protected space (private property). Regarding email, the
courts had to decide whether email communication is private and deserving of
constitutional protection. Finally, regarding smartphones, courts had to determine if
text messages are protected by the Fourth Amendment.
POINTS:
1
LEARNING OBJECTIVES:
CRPR.SAMA.18.03.06 - Appreciate the SCOTUS’s difficult job of balancing government
power to control crime with individual liberty and privacy in the Digital Age. Know that
SCOTUS has yet to decide if there is a reasonable expectation of privacy in some common
forms of communication, such as text messages and emails.
CRPR.SAMA.18.03.07 - Understand that property is seized whenever the government
meaningfully interferes with an individual’s possession of something. Appreciate the unique
challenges of defining “property,” such as files on a computer, in the Digital Age.
KEYWORDS:
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DATE CREATED:
1/6/2017 5:58 AM
DATE MODIFIED:
1/6/2017 5:59 AM
