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Samaha, J. Criminal Procedure, 10th, Cengage.
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.