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Privacy

The petitioner Mr. Katz was arrested for illegal gambling, he had been gambling over a public phone. The FBI attached an electronic recorder onto the outside of the public phone booth. The state courts claimed this to be legal because the recording device was on the outside of the phone and the FBI never entered the booth. The Supreme Court Ruled in the favor of Katz. They stated that the Fourth Amendment allowed for the protection of a person and not just a person’s property against illegal searches. The Fourth Amendment written in 1791 states, The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Galloway 214). The court was unsure on weather or not they should consider a public telephone booth as an area protected by the fourth amendment. The court did state that: The Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendme


nt protection. But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected. Searches conducted without warrants have been held unlawful notwithstanding facts unquestionably showing probable cause, for the Constitution requires that the deliberate impartial judgment of a judicial officer be interposed between the citizen and the police (Maddex 201). The FBI agents found out the days and times he would use the pay phone. The FBI attached a tape recorder to the outside of the telephone booth. The FBI recorded him using the phone six different times, all six conversations were around three minutes long. They made sure that they only recorded him and not anyone else’s conversations. Katz lost the case all the way up to the Supreme Court because the state courts and the Court of Appeals said there was no amendment violation since there was “no physical entrance into the area occupied by the petitioner (Hall 482).” The Constitutional Fourth Amendment was looked at and analyzed very carefully and the Supreme Court decided in favor of Katz with a seven to one vote. Strong arguments were brought to the stand, the Governments eavesdropping violated the privacy of Katz. “The Fourth Amendment governs not only the seizure of tangible items but extends as well the recording of oral statements (Katzen 1).” The surveillance in this case could have been legal by the constitution, but it was not part of the warrant issued. Warrants are very valuable to make everything stated in the fourth amendment legal. The telephone booth was made of glass so h

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Approximate Word count = 1082
Approximate Pages = 4 (250 words per page double spaced)


  

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