Chapter 3: Searches and Seizures

These flashcards cover key vocabulary related to searches and seizures, focusing on doctrines, legal definitions, and significant cases.

Private Search Doctrine

The rule that the Fourth Amendment is not triggered when private parties not associated with the government conduct searches.

Trespass Doctrine

A legal principle that recognizes a physical invasion as a violation of constitutional protections.

Reasonable Expectation of Privacy

A legal test which determines if a person's privacy has been violated based on societal norms.

Fourth Amendment

Protects against unreasonable searches and seizures, ensuring the right to privacy.

Scope

The extent of the area or subject matter that something deals with or is relevant to.

Jacobsen (1984)

A case establishing that individuals are protected from governmental action, not private actions.

Katz v. U.S.

Established that the Fourth Amendment protects people, not places, and covers intangible aspects.

Actual Expectation of Privacy

Subjective belief that one has privacy in a given situation.

Reasonable Expectation of Privacy (new standard)

An expectation of privacy that society recognizes as reasonable.

U.S. v. Lichtenberger

Case examining whether a search was considered private or a government search.

Illinois v. Caballes

Determined that a drug-sniffing dog cannot be considered a search in certain contexts.

Majority Opinion

The judicial opinion agreed to by more than half of the members of a court.

Dissenting Opinion

An opinion written by a judge who disagrees with the majority's conclusion.

U.S. v. White (1971)

Examined whether the Fourth Amendment protected the recording of conversations with an informant.

Third Party Doctrine

The principle that individuals have no reasonable expectation of privacy in information voluntarily given to third parties.

U.S. v. Miller (1976)

Addressed whether there is a reasonable expectation of privacy in bank records.

Smith v. Maryland

Evaluated if there is a reasonable expectation of privacy in home telephone toll records.

California v. Greenwood (1988)

Decided that there is no reasonable expectation of privacy in garbage placed on the curb.

Article I, Para. 7 (NJ Constitution)

New Jersey law granting citizens greater protections against search and seizure than federal law.

State v. Hempele

A case establishing considerations for privacy in relation to garbage.

State v. Pasanen

A case deciding on the privacy expectations related to refuse and trash.

Legal Search

A search conducted by law enforcement officers according to constitutional guidelines.

Unreasonable Search

A search that violates an individual's right to privacy as protected by the Constitution.

Writs of Assistance

Historical documents allowing British agents to search without specific warrants.

General Warrant

Warrants that do not specify what is being searched; historically deemed unconstitutional.

Probable Cause

The legal standard for police to obtain a search warrant, needing sufficient reason.

Search Warrant

A legal document authorizing law enforcement to conduct a search of a specific location.

Electronic Surveillance

The monitoring of a person's activities or communications by electronic means.

Intimate Details

Personal information that implies a deeper understanding of a person's private life.

Seizure of Property Definition

The taking of a person's property in a manner that violates the Fourth Amendment.

Privacy Doctrine

Legal principles that determine the extent and nature of privacy rights for individuals.

Curbside Trash

Trash located at the curb which may not have a reasonable expectation of privacy.

Concur

To agree with a decision made by the court but for different reasons.

Privacy Interests

Considerations regarding the extent to which personal information and activities should remain confidential.

Criminal Defense

Legal strategies used to defend an individual against criminal charges.

Search and Seizure Law

Legal framework governing how and when law enforcement can search and seize property.