LAW 605 Lecture Notes - Lecture 6: Curtilage, False Friend, Implied License
23 Dec 2019
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Case #7: trash (a): police came and w/o asking, went through trash and found drug-related items. Is this a search w/in the meaning of katz: step 1: ask if in curtilage bc if in curtilage, can"t go through it bc privacy. If inside curtilage d wins and police lose. Police take trash and put shreds together: covered under greenwood, 1st cir: this is like greenwood. Don"t defeat basic core of greenwood (losing any expectation of privacy in garbage once putting it outside curtilage to be collected) just bc d made it harder for the gov"t. Katz, privacy, and the return of trespass: katz merely supplemented trespass test. If there is a physical trespass, might implicate 4a (to require warrant or something else to make it reasonable) Florida v. jardines (2013: facts: police approach house w/ drug-sniffing dog. Police left and used that info to get a search warrant. Ok bc not a search knowingly exposed.
