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.


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