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Criminal Procedure

Dive into the nuances of reasonable expectation of privacy in criminal investigations, from open fields to public access, sensory boosts to private actors, jails, schools, and public employees. Learn about canine sniffs, chemical testing, beepers, and heat detection, with a focus on when the Fourth Amendment applies and cautionary notes to consider. Elevate your knowledge of privacy rights in law enforcement actions.

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Criminal Procedure

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Presentation Transcript

  1. Criminal Procedure Class One, con’t

  2. Reasonable Expectation of Privacy • Open Fields • Public Access • Only Illegal Activity Detected • Sensory Boosts • Private Actors • Jails, Schools, Public Employees

  3. Investigations which uncover only illegal activity • Canine Sniffs • Chemical Testing for Drugs

  4. Sensory Enhancement • Beepers • Heat Detection

  5. Private Actors • Generally not applicable [no REP] • Exception: Agent for State

  6. Jails, Schools, Public Employees • Jails: person vs. property or cell • School kids: Diminished REP • Public Employees: REP possible

  7. REP Summary • Inquiry: Do facts present REP? • If no REP, 4th Amendment does not apply [gov’t conduct not regulated]

  8. REP Summary • If REP, next step in analysis considers if reasonable or if warrant required • CAUTION: Can have REP and still loose S/S claim. • CAUTION: Can never lack REP and win S/S claim

  9. Exercise • Query: Is the gov’t conduct a search?

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