Describe specifically the information agents Elliott and Haas got from Kyllo’s house.
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Chapter 3 – Kyllo v. the U.S.
- Describe specifically the information agents Elliott and Haas got from Kyllo’s house.
- Describe exactly how the officers got the information.
- Summarize the arguments the majority makes to support its conclusion that getting and recording thermal images constitute searches and seizures.
- Summarize the arguments the dissent makes to support its conclusions that they aren’t searches and seizures.
- Justice Stevens distinguishes “through-the-wall” from “off-the-wall” surveillance.
- What does he mean by this, and does he have a point? Do you agree that it should make a difference?
Chapter 4 – Navarette v. California
- List all the facts and circumstances relevant to deciding whether the CHP officer had reasonable suspicion to stop Lorenzo Prado Navarette and Jose Prado Navarette.
- Summarize the majority’s decision that reasonable suspicion supported the stop.
- Summarize the dissent’s decision that the stop lacked reasonable suspicion to back it up.
- In your opinion, is the majority, dissent, or neither more consistent with the balancing ideal? Defend your answer.
Chapter 5 – Graham v. Connor
- List all the specific uses of force by the officers.
- State the standard that the Court adopted for determining whether the use of force violated the Fourth Amendment.
- How does the Court’s standard differ from the test that the Court of Appeals applied in the case?
- Why did the Court change the standard? Which test do you favor? Explain your answer.
- If you were applying the tests to the facts of this case, what decision would you reach? Defend your answer.
Chapter 6 – Young v. City of Radcliff
- List all the facts and circumstances relevant to interrogating whether law enforcement officers violated Young’s idea of privacy in his home.
- Summarize the court’s interrogating and in applying of the individual privacy/ public safety ideals balance.
- In your opinion, was Stephen Young “innocent”? Defend you
Chapter 7 – State v. Ellis
- List all the actions taken by the resident assistants and the Central State Police Department officers
- that invaded Ellis’s Fourth Amendment right of privacy in his dorm room.
- Explain why the court’s interrogation of resident assistants’ actions was consistent with reasonable Fourth Amendment searches but the police officers’ actions were unreasonable. Do you agree? Defend your answer.
- Interrogate Ellis’s Fourth Amendment privacy ideal from his standpoint. Back up your answer.
- As they relate to the special needs/privacy ideal, should it matter whether the resident assistants, campus police, or city police conducted the search? Defend your answer.
Chapter 8 – Miranda v. Arizona
- According to SCOTUS, what do the words “custody” and “interrogation” mean?
- Why is custodial interrogation “inherently coercive,” according to the majority?
- Identify and explain the criteria for waiving the right against self-incrimination in custodial interrogation.
- On what grounds do the dissenters disagree with the majority’s decision? What interests are in conflict, according to the Court?
- How do the majority and the dissent explain the balance of interests established by the Constitution?
- Which is more consistent with the relevant criminal procedures ideals regarding the law of police interrogation, the majority’s bright-line rule, requiring warnings, or the dissent’s due process test, weighing the totality of circumstances on a case-by-case basis? Defend your answer.
Chapter 9 – Perry v. New Hampshire
- Was the show-up accidental? Explain your answer.
- Summarize the majority opinions arguments supporting its decision that the
- Manson two-prong test does not apply to the show-up.
- Summarize Justice Sotomayor’s arguments that the Manson test should apply.
- In your opinion should the Manson two-prong test apply to the show-up? Back up your answer with arguments from the facts and SCOTUS opinion(s).
- How does SCOTUS address the innocence and evidence-based decision-making ideals? Explain your answer.
Chapter 10 – Hudson v. Michigan
- List the relevant facts regarding the police entry into Booker T. Hudson’s home.
- Summarize the majority’s reasons for creating the “knock-and-announce” exception.
- Summarize the dissent’s reasons for opposing the “knock-and-announce” exception.
- Summarize Justice Kennedy’s concurring opinion. What is the significance of his opinion? Explain.
- In your opinion, who has the better argument? Defend your answer.
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