• Wrong document? Swap it for free
  • Written by students who passed
  • Immediately available after payment
  • Read online or as PDF
Sell
Where do you study
Your language
Document preview thumbnail
Preview 3 out of 16 pages
Exam (elaborations)

350 final exam

Document preview thumbnail
Preview 3 out of 16 pages

Exam of 16 pages for the course Texas Government 2306 Unit 1 Exam Study Guide. at Texas Government 2306 Unit 1 Exam Study Guide. (350 final exam)

Content preview

350 final exam
Reasonable expectation of privacy test - ANS-- 4th amend. is triggered when an officer
intrudes a place or item that is considered to be private

- test: subjective and objective expectation of privacy

Katz v. U.S: Facts - ANS-- Officers wiretapped convo. in a phone booth that Katz was in

- the door was closed behind him

- convicted for wagering bets over the phone

Katz: procedural - ANS-- the court of appeals ruled evidence was admissible because
there wasn't physical intrusion

Katz: U.S supreme holding - ANS-- Ruled that the evidence was inadmissible because

1. expanded 4th amend to wiretappng and expectation of privacy approach

2. objectively everyone would agree that Katz wanted privacy because he closed the
door behind him

CA v Greenwood: Facts - ANS-- Greenwood left trash inside an opaque trash bag on
the street where incriminating evidence of drugs were located

- Police found drugs & convicted him

approach for Greenwood - ANS-expectation of privacy

Greenwood Holding U.S. Supreme Court - ANS-- Evidence was admissible

- There was no expectation of privacy placed on a street curb/curbside. Anyone could
got through the trash bag bc it was out in the public

Kyllo v. U.S. Facts - ANS-- Man was convicted for growing marijuana in home due to
police using a thermal imaging device

Kyllo procedural - ANS-- The 9th circuit court said there was no physical violation

,Kyllo Holding SC - ANS-- Said that evidence was inadmissible bc it violated his 4th
amend. rights

- Home has the highest expectation of privacy

- Thermal imaging is an uncommon device & it gave info about what was going on in the
home

Question: What approach was Kyllo under - ANS-- Expectation of privacy

Property rights approach - ANS-- When there is physical intrusion on a place or item

Fl. v. Jardines Facts - ANS-- A k-9 dog went to the front porch & smelled marijuana

-The police got a sr wr & went back to home & seized marijuana

Jardines holding SC - ANS-- Stated that the evidence was inadmissible

-The curtilage is the area immediately surrounding the home is treated as a home under
the property rights approach

-Using a k-9 to find drugs w/o a sr wr violated the 4th amend. bc the dog was searching
for incriminating evidence

General Rule (Terry Case) - ANS-- Facts supporting pc is required for gov't intrusion on
liberty and privacy
- wr preferred

Exception to the general rule - ANS-- stop & frisk

Stop & Frisk - ANS-- neither pc or wr is required to stop & frisk, only need ARS of a
criminal activity

Objective standard to determine if someone was stopped - ANS-- a reasonable person
would have believed that she was not free to leave or decline the officer's request
- Ex: officers surrounding person, display of weapons, restrains

Terry v. Ohio Facts - ANS-- Terry & his 2 friends were acting suspicious, McFadden stop
& frisked them & found weapons on them

, Terry Holding SC - ANS-- Revolver was found admissible bc officer had ARS

Law on Stops - ANS-- A stop is a seizure, so it must satisfy the legal threshold of ARS

- Can stop & detain for questioning upon ARS that a person is connected with criminal
activity. Must have specific article facts

Law on Frisk - ANS-- Frisks are searchers within the 4th amend.
- Can frisk someone on a lawful stop

- Can pat down on outer clothing
- Can't go into pockets
- If an officer feel something but does not know what it is they can't go into the pockets

- Reasons for frisks is for officer's safety

- Can frisk a person upon ARS that person may be armed

How officers prove they have ARS (objective standard base on totality of circumstance)
- ANS-- Officer's observation, knowledge, experience & training
- Info. from informants or other officer

Unacceptable basis for ARS - ANS-- Hunches, gut feeling, officer's subjective good faith
alone
- Facts lacking, reliability, credibility

Probable cause - ANS-- must have PC to search, seize, and arrest

- without PC it will violate 4th amend

- inadmissible

PC to search - ANS-- fair probability that a crime has been or will be committed and fair
probability that evidence of crime is located at the place to be searched

dual prong test or 2 prong test - ANS-Prong 1: informants basis of knowledge
- facts supporting a good basis
- how they know what they know

Document information

Study
Uploaded on
June 10, 2024
Number of pages
16
Written in
2023/2024
Type
Exam (elaborations)
Contains
Questions & answers
$8.49

Wrong document? Swap it for free Within 14 days of purchase and before downloading, you can choose a different document. You can simply spend the amount again.
Written by students who passed
Immediately available after payment
Read online or as PDF

Seller avatar
Reputation scores are based on the amount of documents a seller has sold for a fee and the reviews they have received for those documents. There are three levels: Bronze, Silver and Gold. The better the reputation, the more your can rely on the quality of the sellers work.
Ace360PRO
4.7
(108)
Sold
262
Followers
3
Items
10566
Last sold
1 month ago



Why students choose Stuvia

Created by fellow students, verified by reviews

Quality you can trust: written by students who passed their tests and reviewed by others who've used these notes.

Didn't get what you expected? Choose another document

No worries! You can instantly pick a different document that better fits what you're looking for.

Pay as you like, start learning right away

No subscription, no commitments. Pay the way you're used to via credit card and download your PDF document instantly.

Student with book image

“Bought, downloaded, and aced it. It really can be that simple.”

Alisha Student

Working on your references?

Create accurate citations in APA, MLA and Harvard with our free citation generator.

Working on your references?

Frequently asked questions