Chapter 3 Summary: Search and Privacy Doctrines

A collection of flashcards focusing on key vocabulary and concepts related to search and privacy doctrines from the lecture notes.

Search

An action by law enforcement that infringes upon a person's reasonable expectation of privacy.

Private Actor Doctrine

The principle that the Fourth Amendment does not apply to private individuals unless they are acting on behalf of the government.

Privacy Doctrine

When a government actor violates an individual's reasonable expectation of privacy.

Plain View Doctrine

The legal principle that allows law enforcement to seize evidence without a warrant if it is clearly visible.

Reasonable Expectation of Privacy (REP)

A legal test that determines whether a person's privacy has been violated under the Fourth Amendment.

Exclusionary Rule

A legal principle that excludes evidence obtained in violation of a defendant's constitutional rights.

Kyllo v. U.S.

A case that determined that thermal imaging of a private home is a 'search' under the Fourth Amendment.

General Public Use

Technology or methods that are widely available and commonly used by the general population.

U.S. v. Jones

A case involving GPS tracking where the Supreme Court found that physical intrusion onto a person's property is a search under the Fourth Amendment.

Email Messages

Electronic communications that can have a reasonable expectation of privacy similar to letters.

Third Party Doctrine

The legal principle that one cannot have a reasonable expectation of privacy in information disclosed to third parties.

False Friend

A concept related to the expectation of privacy in communications; often refers to trusted contacts that may disclose information.

Telescope

A device that can be used for observation; in the context of Plain View, its legal use can raise questions of search.

Magnifying Glass

A tool that can enhance observation, raising similar search-related legal questions as with other enhanced sensory devices.

Binoculars

Optical devices that allow for long-distance observation, subject to the Plain View Doctrine.

Thermal Imaging

A method of detecting heat emissions, found to be a search when used without a warrant in Kyllo v. U.S.

Expectation of Privacy

The belief that one's personal communications and belongings are secure from government intrusion.

Physical Intrusion

The act of physically entering a person's property, which is considered a search under the Fourth Amendment.

Aroma

A scent that can be detected, which may be used in the context of drug detection without violating privacy.

Flashlight

A portable light source that can be used in observation; may have legal implications regarding searches.

Plane Observations

Aircraft surveillance that raises legal questions about reasonable expectations of privacy.

Privacy in Text Messages

The expectation of reasonable privacy in sent text messages compared to other forms of communication.

Confidential Communications

Communications that should be protected by privacy laws due to their private nature.

Business Records

Documents created in a business context, which may not have the same expectation of privacy as personal communications.

Exhibition to Public

When an individual's actions are observable to others, which can diminish their expectation of privacy.

Legal Consequences of Searches

Possible rulings and outcomes resulting from law enforcement actions that violate fourth amendment rights.

REASONABLE EXPECTATION

An expectation that society recognizes as reasonable in the context of privacy rights.

Fourth Amendment

Part of the U.S. Constitution that protects against unreasonable searches and seizures.

Judicial Standard for Searches

Criteria established by courts to determine if a search is constitutional.

Response to Surveillance Technology

Legal answers to the use of technology in the context of privacy and search.