Criminal Justice: Reasonable Expectation of Privacy
Stored Communications Act
An act allowing law enforcement access to electronic messages greater than 180 days old with just a subpoena
what did florida vs riley do
allowed a police helicopter to fly over someone's property for trial evidence
what did california vs ciraolo do
allowed planes to fly over someone's property and take photos and not be against the fourth amendment for evidence in court.
DUI checkpoints
allows for searches of vehicles for the purpose of alcohol and illegal drugs
Curtilage
the area immediately surrounding the home
the real-time interception of the contents of electronic communications is prohibited by what act
the wiretape act
do the same protective rules on emails also apply to text messages
yes
is there a full reasonable expectation of privacy for personal belongings
most of the time
is abandoned property protected by reasonable expectation of property, us vs pitts
no
is there a full reasonable expectation of privacy for vehicles
no
is there any expectation of privacy on social media
no ma'am
is there expectation of privacy for public records
no siree
after how many days does an email stored on third party servers lose their status as protected and become database record.
180
Katz vs US (1967) set what precedent
Reasonable expectation of privacy
What is the two step approach in determining expectation of privacy
a person has exhibited an actual expectation of privacy, the expectation is recognized as reasonable by society
consensual search
a search that's conducted after a person gives consent to an officer
if the email is on a third party server and not a personal computer; do the police need a warrant or a subpoena to seize it
a subpoena
if the email is on a person's personal computer and not a server; do the police need a warrant or a subpoena to seize it
a warrant
search incident to arrest
a warrantless search of a person and their immediate area after their arrest
what's a subpoena
a writ ordering a person to do something
plain view
evidence that may be smelled, heard, or seen by an officer in plain sight
there are no privacy rights in...
garbage
Where does a person have reasonable expectation of privacy.
homes, vehicles, personal belongings, and communications
public record
information of an incident reported to a government agency to inform the public
what did us vs graham do
it established that cell site location was not protected by the fourth amendment or by reasonable expectation of property because the telecommunications company handles it
what does a cell phone do after you make a call or text
it pings off of a cell tower based on your location
supreme court's final Katz vs US statement
one who occupies a telephone booth, shuts the door behind them, and pays the toll that permits them to place a call is surely entitled to assume that the words he utters into the mouth piece will not be broadcast to the world.
Terry Pat/Stop and frisks
patting a person down outside their clothes under reasonable circumstances of, the officer must obviously feel illegal artifacts for the suspect to be detained.
one cannot have a reasonable expectation of privacy in things held out to the...
public
on school property, airports, and probation checks...
reasonable expectation of privacy isn't granted
what did dow chemical co vs us do
technologies not available to the public required a warrant to do an aerial search of a building, but technologies available to the public do not
what parts of electronic communications (emails) is allowed to be accessed by the government under the Pen Register Act
the "from" and "to" fields along with the IP Address of the sender and reciever
what act prohibits unauthorized access of emails stored on a computer
the Stored Communications Act
cutilage
the area directly connected to the home or proximity to it
what amendment is reasonable expectation of property under
the fourth amendment
what area is considered the home
the residence and the cultilage