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CP#6 – Search Warrants and the Basics of Protected Interests

CP#6 – Search Warrants and the Basics of Protected Interests. Search Warrants Protected Areas – Introduction Protected Areas – Test Conversations High Tech and Protected Interests. Search Warrants – Final Aspects. Basic Elements Particularity requirements What may be seized

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CP#6 – Search Warrants and the Basics of Protected Interests

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  1. CP#6 – Search Warrants and the Basics of Protected Interests • Search Warrants • Protected Areas – Introduction • Protected Areas – Test • Conversations • High Tech and Protected Interests

  2. Search Warrants – Final Aspects • Basic Elements • Particularity requirements • What may be seized • Additional Requirements (case law, statutes, administrative rules, etc.)

  3. Protected Areas - Basics • 4th Amendment prohibition of unreasonable searches implies 2 basic requirements • Government conduct • Protected interest

  4. Protected Areas - Basics • Determining Protected Interests • Boyd v. US (1886) – Property • Olmstead v. US (1928) – Property re wiretap • Change of views and definition • Katz v. US (1967)

  5. Protected Areas - Basics • Katz Two Part Test • Subjective Prong – actual expectation • Objective Prong – reasonable expectation

  6. Protected Areas - Basics • Consent of Party Surveillance • Hoffa – Pre-Katz • False Friend Rule • US v. White (1971) - confirms

  7. Flashlights, etc. X-Rays Electronic Tracking Devices – US v. Knotts (1983) Pen Registers and Bank Records Aerial Surveillance – Florida v. Riley (1989) Telescopic Cameras – Dow Chemical v. US (1986) Thermal Imagery – Kyllo v. US (2001) High Tech Surveilance

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