UCT Law Test With
Complete Solution
4th Ammendment - ANSWER Added to the Const. in order to protect the
rights of citizens from being violated by the USG with respect to their privacy
and property. Makes it unlawful for the USG to conduct a search of you or
your property, or to seize you or your property without consent or without a
warrant.
Constitutes a search - ANSWER Search is examining of something, somebody
in order to discover content of any concealed item, "search occurs when an
expectation of privacy that society is prepared to consider reasonable is
infringed"
Katz Test: Reasonable expectation of privacy - ANSWER 1) Does the
individual's conduct reflect that he or she believes he or she has an actual, or
subjective, expectation of privacy?
2) Is the individual's subjective expectation of privacy "one that society is
prepared to recognize as 'reasonable'?
Has expectation of privacy - ANSWER Stuff in your home, in an enclosed
phone booth, and in opaque containers
Doesn't have expectation of privacy - ANSWER Open fields, garbage, a
stranger's house
Does every search require a warrant? - ANSWER No, falls within exceptions.
, AF Network and Privacy - ANSWER None, the banner tells us so
Third Party Doctrine - ANSWER Supreme Court decisions that say individuals
can lose 4th Amendment protections when those individuals relinquish
control of that info to third parties. 4th not violated when info revealed to a
third party is disclosed by that third party to the government.
How the AF defeats expectation of privacy - ANSWER User agreements and
the banner
Reasonable expectation of privacy in the workplace, O'Connor - ANSWER
Asks whether a government employee's workspace is "so open to fellow
employees or to the public that no expectation of privacy is reasonable".
Public employees consider factors: Whether the work area is solely theirs,
who has access tot he space, etc.
Military Rule of Evidence 314(d) - ANSWER government property may be
searched unless the person to whom the property is issued or assigned has a
reasonable expectation of privacy therein at the time of the search.
Implied Consent - ANSWER Agreements with the government where they
waive part of their 4th amendment rights. Implied consent is given when
using a DoD workstation.
Two statutes that govern electronic surveillance - ANSWER federal Wiretap
Act, 18 U.S.C. 2510-2522. And the Pen Registers and Trap and Trace Devices,
18 U.S.C. 3121-3127
Complete Solution
4th Ammendment - ANSWER Added to the Const. in order to protect the
rights of citizens from being violated by the USG with respect to their privacy
and property. Makes it unlawful for the USG to conduct a search of you or
your property, or to seize you or your property without consent or without a
warrant.
Constitutes a search - ANSWER Search is examining of something, somebody
in order to discover content of any concealed item, "search occurs when an
expectation of privacy that society is prepared to consider reasonable is
infringed"
Katz Test: Reasonable expectation of privacy - ANSWER 1) Does the
individual's conduct reflect that he or she believes he or she has an actual, or
subjective, expectation of privacy?
2) Is the individual's subjective expectation of privacy "one that society is
prepared to recognize as 'reasonable'?
Has expectation of privacy - ANSWER Stuff in your home, in an enclosed
phone booth, and in opaque containers
Doesn't have expectation of privacy - ANSWER Open fields, garbage, a
stranger's house
Does every search require a warrant? - ANSWER No, falls within exceptions.
, AF Network and Privacy - ANSWER None, the banner tells us so
Third Party Doctrine - ANSWER Supreme Court decisions that say individuals
can lose 4th Amendment protections when those individuals relinquish
control of that info to third parties. 4th not violated when info revealed to a
third party is disclosed by that third party to the government.
How the AF defeats expectation of privacy - ANSWER User agreements and
the banner
Reasonable expectation of privacy in the workplace, O'Connor - ANSWER
Asks whether a government employee's workspace is "so open to fellow
employees or to the public that no expectation of privacy is reasonable".
Public employees consider factors: Whether the work area is solely theirs,
who has access tot he space, etc.
Military Rule of Evidence 314(d) - ANSWER government property may be
searched unless the person to whom the property is issued or assigned has a
reasonable expectation of privacy therein at the time of the search.
Implied Consent - ANSWER Agreements with the government where they
waive part of their 4th amendment rights. Implied consent is given when
using a DoD workstation.
Two statutes that govern electronic surveillance - ANSWER federal Wiretap
Act, 18 U.S.C. 2510-2522. And the Pen Registers and Trap and Trace Devices,
18 U.S.C. 3121-3127
