Posted: February 19th, 2022
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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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