Deck 9: Conducting Constitutional Searches

Question 1

What are the two tests for determining whether or not a search has occurred?

Answer 1

The case of K vs US lead to a decision to decide whether a search has occurred. The Supreme Court ruled that any method of electronic surveillance is considered a search when it infringes a reasonable expectation of privacy even though no physical intrusion has occurred.
The reasonable expectation of privacy is established by determining that an individual demonstrated an expectation for privacy and the expectation is something that society is ready to identify as reasonable.

Question 2

What scenarios work best with the "reasonable expectation of privacy" doctrine? How about the "physical intrusion" test?

Answer 2

The case of K vs U S urged the Supreme Court to rule out that any method of electronic surveillance is considered a search as it infringes a reasonable expectation of privacy even though no physical intrusion occurs.
The case of U S vs J revitalized the concept that a search involves a physical intrusion into a secure area. The Supreme Court ruled that a search can be both a physical intrusion as well as violating a reasonable expectation of privacy.

Question 3

Provide your own definition of reasonable.

Answer 3

Reasonable in formal terms is defined as having sound and fair judgment. As per the reasonable expectation of privacy concept, an individual's privacy is considered violated if a reasonable expectation of privacy is displayed by the individual. The society recognizes that the expectation is reasonable under the given circumstances.

Question 4

Discuss the advantages to obtaining a warrant.

Question 5

Why are searches of homes different from searches of motor vehicles?

Question 6

Provide your own definition of reasonable expectation of privacy.

Question 7

Do you think the U.S. Supreme Court has been supportive of law enforcement through its rulings in cases involving the Fourth Amendment?

Question 8

Draft a scenario in which an innocent, routine interaction between a citizen in a public place and the police could result in a continuing escalation through reasonable suspicion to probable cause, and what the results to each party would be.

Question 9

Is the exclusionary rule effective in limiting potential abuse of the Fourth Amendment by police when searching? Could another means be more effective?

Question 10

How do you think the Fourth Amendment will be held to apply to e-mail and other data transmitted
over the Internet?