LWSO 335 Lecture Notes - Lecture 14: Container Garden, Drug Injection, Staling
Document Summary
Is the 4th amendment implicated: government actor (burdeau v. mcdowell) and, search or seizure. Rule: misplaced trust = no search: lewis, hoffa, on lee, technology smith v. maryland ii. Rule: lawful vantage point + curtilage w/ unaided eye = no search: dunn, dow (scalia technology, ciraolo unaided eye, riley o"connor concurring: ordinary people [bond also. Enhancement devices: rule: merely enhancing the senses is ok (dow. Beepers de minnimis intrusion inside or out of can. 2: knotts public navigable roads good, karo inside the house is bad v, place dog is ok. Standing: rule: rakas only aggrieved party can challenge the search and only exists when the movant"s reasonable search and only exists when the movant"s reasonable expectation of privacy (katz) is intruded upon. a) Possessory interest = privacy: rakas passengers in a car = no rep, rawlings = see factors page 11. Jeffers key + possessory interest = rep c) Business guesting: minnesota v. carter no standing no rep.