Discussion Post A
In United States v. Hall, 47 F.3d 1091 (11th Cir. 1995), the Eleventh Circuit Court of Appeals discussed the difference between a business and an individual's reasonable expectation of privacy in the area around their home or business (called the curtilage). In Hall, a government agent seized a bag of shredded documents from a dumpster located on the property of Bet-Air, Inc. Hall filed a motion to suppress the evidence on the grounds that the search and seizure was a violation of the Fourth Amendment. Review United States v. Hall and discuss the following:
a. What was the Court of Appeal's decision?
b. Was the search and seizure a violation of the Fourth Amendment? Why or why not?
c. Would the result have been different if the dumpster was on private property rather than on commercial property?
d. Suppose you were an executive at Bet-Air. What recommendations would you make to help Bet-Air assert an expectation of privacy in the dumpster?
Discussion Post B
Prior to beginning work on this discussion,
Jones was the attorney for the Town of Smithville. He filed a defamation lawsuit against a newspaper that served the Smithville area and against the writer of that newspaper's Town Crier column. Jones based his case on statements that appeared in the column. The writer of the column referred to Jones as a "political hatchet man" and as "one of the biggest powers behind the throne in local government." The writer also asserted that "Jones pulls the strings" and raised the question whether Jones was "leading Smithville to destruction." What arguments should the defendants make in an effort to avoid defamation liability? Should Jones win his case?
The response must include a reference list. Using one-inch margins, double-space, Times New Roman 12 pnt font and APA style of writing and citations.