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Criminal Procedure

Criminal Procedure . Class One, con’t. Reasonable Expectation of Privacy. Open Fields Public Access Only Illegal Activity Detected Sensory Boosts Private Actors Jails, Schools, Public Employees. Investigations which uncover only illegal activity. Canine Sniffs Chemical Testing for Drugs.

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Criminal Procedure

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  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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