Searches and Seizures II

Searches and Seizures II

Continue examining the contours of Fourth Amendment searches with a focus on the context of the search, the vantage point and location of the search, and the role of electronic surveillance techniques.


You may recall that a search is either (1) a governmental violation of a person’s reasonable expectation of privacy, or (2) a governmental intrusion onto constitutionally protected private property, for the purpose of obtaining information. Katz v. United States, 389 U.S. 347, 351 (1967); Kyllo v. United States, 533 U.S. 27, 34-35 (2001); United States v. Jones, 565 U.S. 400, 404-05 (2012).

This lesson will focus on the second type of search.

I. Property-Based Approach

Although the ...