Problem
I. Discuss the main difference between the law of electronic surveillance the Court developed in the 1920s and the law of electronic surveillance the Court developed in Katz.
II. In Katz v. United States, the Court held that the police action violated the defendant's Fourth Amendment rights. In United States v. White, the Court held that the police did not violate the defendant's Fourth Amendment rights. Explain why the Court ruled differently in the two cases?
III. The police suspect that Vance is involved in an extortion scheme and they want to place a listening device in his house phone to gather more evidence. Discuss how the police may do this legally.
IV. The police suspect that Doug is involved in a wire fraud and they want to listen to his cell phone conversations. They plan to ask Doug's wireless carrier to arrange it. Discuss how the police may legally do this.
V. The police suspect that Boris is engaged in a fraudulent scheme and they want to have access to his bank records. The police want the bank to provide Boris's monthly statements and records of his cancelled checks. The police indicate to the bank that they need the information for an ongoing criminal investigation. Discuss, according to relevant U.S. Supreme Court decisions, whether the police may obtain the records without having a search warrant.
VI. Discuss the balancing test the Court used in Michigan Department of State Police v. Sitz, Identify the three elements of the balancing test and discuss how the Court applied the test to the facts of the case.
VII. The Court in City of Indianapolis v. Edmond rejected the highway checkpoint program in question. Explain why the Court rejected the program.