Brief for Petitioner 14-15. Although it is not admissible to determine guilt or innocence, hearsay may be used to support probable cause. the uses to which the individual has put a location, . Some of our precedents have held that an expectation of privacy was not reasonable in part because the individual had assumed the risk that certain kinds of private information would be turned over to the police. Technological advances have enabled police to see people's activities and associations, and to hear their conversations, without being in physical proximity. Ibid. See Smith v. Maryland, 442 U. S. 735, 442 U. S. 740 (1979). The claimed area here was immediately adjacent to a suburban home, surrounded by high double fences. Ibid. Id., at 716, 104 S.Ct., at 3304 (footnote omitted). That the observation from aircraft was directed at identifying the plants and the officers were trained to recognize marijuana is irrelevant. Ante at 476 U. S. 213. 4.2.5 Quiz: Liberties in the Court Question 9 of 10 2 Points In Katz v. United States, the Supreme C... Add a question text of at least 10 characters. Both officers were trained in marijuana identification. In pursuing this inquiry, we must keep in mind that "[t]he test of legitimacy is not whether the individual chooses to conceal assertedly private' activity," but instead "whether the government's intrusion infringes upon the personal and societal values protected by the Fourth Amendment."

507, 516, 19 L.Ed.2d 576 (1967) (Harlan, J., concurring). and our societal understanding that certain areas deserve the most scrupulous protection from government invasion. The Court concludes, nevertheless, that Shutz could use an airplane -- a product of modern technology -- to intrude visually into respondent's yard. D. The state's interests concerning discretionary spot check traffic stops did not outweigh the privacy interests of travelers. Respondent contends that the police intruded on his constitutionally protected expectation of privacy when they conducted aerial surveillance of his home and photographed his backyard without first obtaining a warrant. "4 Oliver v. United States, 466 U.S. 170, 182, 104 S.Ct. The warrant authorized Shutz to search the home and its attached garage, as well as the yard, for marijuana, narcotics paraphernalia, records relating to marijuana sales, and documents identifying the occupant of the premises. the searched for artifacts in a field. While the familiar history of the Amendment need not be recounted here, [Footnote 2/2] we should remember that it reflects a choice that our society should be one in which citizens "dwell in reasonable security and freedom from surveillance." B. Decided December 18, 1967. The trial court refused to consider that evidence. The only possible basis for this holding is a judgment that the risk to privacy posed by the remote possibility that a private airplane passenger will notice outdoor activities is equivalent to the risk of official aerial surveillance.9 But the Court fails to acknowledge the qualitative difference between police surveillance and other uses made of the airspace.

The dissent contends that the Court ignores Justice Harlan's warning in his concurrence in Katz v. United States, 389 U.S., at 361-362, 88 S.Ct., at 516-517, that the Fourth Amendment should not be limited to proscribing only physical intrusions onto private property. The Court fails to enforce that right or to give any weight to the longstanding presumption that warrantless intrusions into the home are unreasonable.11 I dissent. decided today, the Court reaffirms that the "curtilage doctrine evolved to protect much the same kind of privacy as that covering the interior of a structure." But Justice Harlan's observations about future electronic developments and the potential for electronic interference with private communications, see Katz, supra, at 389 U. S. 362, were plainly not aimed at simple visual observations from a public place. D. Should consider the totality of the circumstances. Accepting, as the State does, that this yard and its crop fall within the curtilage, the question remains whether naked-eye observation of the curtilage by police from an aircraft lawfully operating at an altitude of 1,000 feet violates an expectation of privacy that is reasonable. . Ibid. 466 U.S., at 180, 104 S.Ct., at 1742. And millions of other answers 4U without ads. 389 U.S. 347. 679, 683, 5 L.Ed.2d 734 (1961). Shutz then filed an affidavit, to which he attached the photograph, describing the anonymous tip and his aerial observation of the marijuana. It was the officer's observation, not the photograph, that supported the warrant. Officer Shutz investigated an anonymous report that marijuana was growing in the backyard of respondent's home.

"5 Id., at 178, 104 S.Ct., at 1741. In Draper v. United States, 358 U.S. 307 (1959), the Supreme Court held that _____. In Carroll v. United States, 267 U.S. 132 (1925), the Supreme Court ruled that _____. The observations by Officers Shutz and Rodriguez in this case took place within public navigable airspace, see 49 U.S.C.App.

Whether respondent therefore manifested a subjective expectation of privacy from all observations of his backyard, or whether instead he manifested merely a hope that no one would observe his unlawful gardening pursuits, is not entirely clear in these circumstances. Now, however, the government can negate that case by just using the cellphone inside the car to … This inquiry necessarily focuses on personal interests in privacy and liberty recognized by a free society. United States v. Miller, 425 U. S. 435, 425 U. S. 443 (1976).

1322 (1942) (Murphy, J., dissenting). See United States v. United States District Court, 407 U. S. 297 (1972). Oh no! 1819, 90 L.Ed.2d 226 (1986), decided today, we hold that the use of an aerial mapping camera to photograph an industrial manufacturing complex from navigable airspace similarly does not require a warrant under the Fourth Amendment. Respondent contends he has done all that can reasonably be expected to tell the world he wishes to maintain the privacy of his garden within the curtilage without covering his yard. In Weeks v. United States, 232 U.S. 383 (1914), the Supreme Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment. Identify one way in which the case is legally significant. At the suppression hearing, respondent sought to introduce evidence showing that he did use his yard for domestic activities. 3d 1081, 208 Cal. B. 36. Steagald v. United States, 451 U. S. 204, 451 U. S. 217 (1981). "The first is whether the individual, by his conduct, has exhibited an actual (subjective) expectation of privacy.'" 93, reversed. Such observation is precisely what a judicial officer needs to provide a basis for a warrant. The California Court of Appeal reversed on the ground that the warrantless aerial observation of respondent's yard violated the Fourth Amendment.

No. 35. Which of the following is not one of the most important benefits of community policing, according to the scholar Herman Goldstein? App.

Concurring in Katz v. United States, 389 U. S. 347 (1967), Justice Harlan warned that any decision to construe the, Fourth Amendment as proscribing only physical intrusions by police onto private property, "is, in the present day, bad physics as well as bad law, for reasonable expectations of privacy may be defeated by electronic as well as physical invasion.". 161 Cal. If the suspect is not being questioned by police and makes an unsolicited statement (i.e.

executed the next day, and 73 plants were seized; it is not disputed that these were marijuana. Ante at 476 U. S. 213-214. Texas State University worked with the San Marcos, Texas, Police Department to develop the _____ campaign. " Id., at 217, n. 10, 101 S.Ct., at 1650, n. 10, quoting Payton v. New York, 445 U.S. 573, 591, n. 33, 100 S.Ct. . Oliver v. United States, supra, at 466 U. S. 180. The mere fact that an individual has taken measures to restrict some views of his activities does not preclude an officer's observation from a public vantage point where he has a right to be and which renders the activities clearly visible. But this Court recognized long ago that the essence of a Fourth Amendment violation is "not the breaking of [a person's] doors, and the rummaging of his drawers," but rather is "the invasion of his indefeasible right of personal security, personal liberty and private property." 93 (1984). James Q. Wilson said that the single most striking fact about the attitudes of citizens, both black and white, toward the police is that these attitudes generally are _____. The claimed area here was immediately adjacent to a suburban home, surrounded by high double fences. While the rule in Katz was designed to prevent silent and unseen invasions of Fourth Amendment privacy rights in a variety of settings, we have consistently afforded heightened protection to a person's right to be left alone in the privacy of his house. Held: The Fourth Amendment was not violated by the naked-eye aerial observation of respondent's backyard. The Court's reliance on Knotts reveals the second problem with its analysis. A. Scanning, analysis, response, assessment. "At common law, the curtilage is the area to which extends the intimate activity associated with the 'sanctity of a man's home and the privacies of life. Whether the search of private quarters is accomplished by placing on the outer walls of the sanctum a detectaphone that transmits to the outside listener the intimate details of a private conversation, or by new methods of photography that penetrate walls or overcome distances, the privacy of the citizen is equally invaded by the Government, and intimate personal matters are laid bare to view.". Officer Shutz testified that the photograph did not identify the marijuana as such, because it failed to reveal a "true representation" of the color of the plants: "you have to see it with the naked eye." 993, 998, 86 L.Ed. In United States v. Place, 462 U.S. 696 (1983), the Supreme Court ruled that _____. The observations by Officers Shutz and Rodriguez in this case took place within public navigable airspace, see 49 U.S.C.App. Modern community policing began with James Q. Wilson and George L. Kelling's article "'_____': The Police and Neighborhood Safety.". Ante, at 213. "At the very core [of the Fourth Amendment] stands the right of a [person] to retreat into his own home and there be free from unreasonable governmental intrusion.". 1081, 1085-1086, 75 L.Ed.2d 55 (1983). The Court then implicitly acknowledges that society is prepared to recognize his expectation as reasonable with respect to ground-level surveillance, holding that the yard was within the curtilage, an area in which privacy interests have been afforded the "most heightened" protection. Respondent appears to challenge the authority of government to observe his activity from any vantage point or place if the viewing is motivated by a law enforcement purpose, and not the result of a casual, accidental observation. The Court's analogy to commercial and private overflights, therefore, is wholly without merit. Ruled that the fleeing felon rule was unconstitutional.

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