Criminal Procedure: Examples & Explanations (3rd Edition) - download pdf or read online

By Robert M. Bloom, Mark S. Brodin

A favourite between legislations scholars and professors alike, the Examples & factors sequence is perfect for learning, reviewing and checking out your knowing via program of hypothetical examples. Authored by means of prime professors with large school room adventure, Examples & causes titles provide hypothetical questions within the topic sector, complemented by way of certain factors that let you try your wisdom of the subject, and examine your personal research.

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S. 294 ( 1987), the Court addressed the distinction between curtilage and open fields. It looked to the following factors in determining whether a particular area is curtilage (and thus within the home's umbrella of protection): 1) proximity to the home; 2) whether the area is within an enclosure surrounding the home; 3) the nature of the uses to which the area is put; and 4) the steps taken to protect the area from observation. " See United States v. 3d 1109, 1112 (7th Cir. 1998). 2 Search and Seizure-The Framework of the Fourth Amendment OPEN FIELD AND PUBLIC AREA D ~ No Fourth Amendment Applicability Moderate Fourth Amendment Applicability Strong Fourth Amendment Applicability Figure 3-1: Zones of Privacy Expectation sections of the roo£ Although "Riley no doubt intended and expected that his greenhouse would not be open to public inspection, and the precautions he took protected against ground-level observation," the routine nature of air travel rendered his expectation of privacy unjustified.

S. at 351. " I d. The Court extended this notion when it ruled that a person who conveys information to a third party, even in an apparently private conversation, cannot reasonably expect the information to remain secret within the context of the Fourth Amendment. See Hoffa v. S. 293 (1966) (informant reported the conversation to government agents); United States v. S. 745 (1971) (government agents overheard 26 When Does the Fourth Amendment Apply? 2 the conversation transmitted by a radio device worn by the informant).

David will, therefore, have to look to state law rather than to the Fourth Amendment in order to keep this evidence out of the trial. 8. Because the information placed on the outside of envelopes is voluntarily exposed by the sender to postal workers (and others) in the ordinary course of business, the investigative mail cover has been placed in the assumption of risk category and held not to constitute a search for Fourth Amendment purposes. See United States v. 2d 165 (9th Cir. 1978); United States v.

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Criminal Procedure: Examples & Explanations (3rd Edition) by Robert M. Bloom, Mark S. Brodin

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