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Fourth Amendment

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 onto the area occupied by the petitioner.
             "The 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." .
             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 he was visible to the public, but he did not enter the booth so no one could see him, he entered the booth so no one could hear him. A person in a telephone booth is under protection of the Fourth Amendment, One who occupies it, shuts the door behind him, and pays the toll that permits him to place a call is surly entitled to assume that the words he utters into the mouthpiece will not be broadcasted to the world.
             To read the constitution more narrowly is to ignore the vital role that the public telephone has to come to play in private communication. But with all this evidence it was still fought that the surveillance method they used involved no physical penetration into the telephone booth. The Fourth Amendment was thought to limit only searches and seizures of tangible property. .
             The decision of the court was seven to one and Mr. Justice Marshall took no part in the decision of the case. Mr. Justice Stewart concurred in his speech that, .these considerations do not vanish when the search in question is transferred from the setting of a home, an office, or a hotel room to that of a telephone booth.


Essays Related to Fourth Amendment

1. Exceptions to the Fourth Amendment

The Fourth Amendment restricts the government or anyone acting as an agent of the government from entering some ones" home to conduct a search or seizure without a search warrant. ... My paper will examine and explain these exceptions to the search warrant requirement of the Fourth Amendment. ... It is rightfully this way because of the protections that the Fourth Amendment provides. ... The Fourth Amendment applies to all governmental agencies, agents or anyone acting on their behalf on the federal, state, and local levels. It was the intention of the writers of the Fourth A...

  • Word Count: 615
  • Approx Pages: 2
  • Grade Level: Undergraduate

2. Fourth amendment rights

The fourth amendment provides us with protection of privacy where we are protected from unwarranted searches of our home. The fourth amendment to the U.S. ... Much of the debate surrounding the enforcement of the Fourth Amendment has focused on the so-called exclusionary rule--on whether it is wise or constitutionally necessary. Under that rule, evidence obtained in violation of the Fourth Amendment is ordinarily inadmissible in a criminal trial. ... Breyer said in a separate opinion that even though he does agree with the principles of the fourth amendment and its applications the officer who...

  • Word Count: 710
  • Approx Pages: 3
  • Grade Level: Undergraduate

3. Search, Seizure and the Fourth Amendment

" The issue is does this apply to an object in plain view or an open field search and if the fourth amendment offers protection. ... An Arrest with a Warrant and Without a Warrant According to The Fourth Amendment it states a desire for an arrest to be established on a warrant. ... If a misdemeanor is committed in the presences of an officer, The Fourth Amendment allows for an officer to make a warrantless arrest. Search and Seizure not Fully Protected by the Fourth Amendment An abandonment, border search, open fields and plain view are search and Seizures that are not protected under Th...

  • Word Count: 1726
  • Approx Pages: 7
  • Has Bibliography
  • Grade Level: Undergraduate

4. Fourth Amendment - Checkpoints and Roadblocks

During this time, Officers typically lack probable cause as prescribed by the Fourth Amendment for search and seizure. The underlying issue being: are checkpoints and roadblocks a violation of the Fourth Amendment? ... The Fourth Amendment does not protect individuals from random and arbitrary searches and seizures. ... The reasoning behind the checkpoints is a complex application of the Fourth Amendment. ... Conclusion Courts are in consistent review of the ultimate question whether a warrantless search violates the Fourth Amendment. ...

  • Word Count: 1159
  • Approx Pages: 5
  • Grade Level: High School

5. The Fourth Amendment

I think the Fourth Amendment is a confusing amendment. ... The Fourth Amendment should protect everyone from illegal searches. ... Among the rights protected by the fourth Amendment are freedom from unreasonable searches and seizures and certain other arrest activities of law enforcement officials. ... Like every other laws, this amendment also has exceptions, tons of them. ... Because this amendment protects everybody's right to refuse to be searched and have privacies on his or her properties. ...

  • Word Count: 1406
  • Approx Pages: 6
  • Grade Level: High School

6. Fighting the fourth amendment

Orange County Judge, Porn, and the Right to Privacy The Fourth Amendment and The Internet The Fourth Amendment clearly 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. ... The internet has set up serious loopholes and "easy outs" that, if challenged, can and will set a whole new look at the fourth ame...

  • Word Count: 1822
  • Approx Pages: 7
  • Has Bibliography
  • Grade Level: High School

7. Constutional Amendments

" The First Amendment of the Constitution of the United States The first amendment was written by Thomas Jefferson, and effected on Dec 15, 1791, it is also known as Freedom of Speech, Press, Religion and Petition. ... In conclusion, the freedom of speech is one of the most important laws in the amendment because without the first amendment, the US citizen could not be able to voice their opinion freely. ... The fourth amendment is representing of the government, in other word, respecting citizen privacy and properties. ... The XXV amendment SECTION 1. ... The 19th amendment kind of si...

  • Word Count: 823
  • Approx Pages: 3

8. Importance of the Fifth Amendment

Personally, I think this is one of the greatest amendments to our Constitution in existence. ... Another event of controversy surrounding the Fifth Amendment is the case of Jack McCall. ... Out of those first ten though, the ones most important to me personally are the first, second, fourth, fifth, and sixth amendments. ... The Second, Fourth, Fifth, and Sixth Amendments are important to me personally because I feel those are the ones that provide us with something to fight back against the government with in any situation. ... In my opinion, the First Amendment is as good a description of A...

  • Word Count: 953
  • Approx Pages: 4
  • Grade Level: Undergraduate

9. Amendments To The Constitution

Even after these processes are achieved, three fourths of the states must vote to ratify before the amendment is passed. ... One example given is the amendment proposed to ban flag desecration. ... The fourth and fifth points are very similar in their effects. Dealing again with the document's generality (her fourth point), more specific amendments will lead to a shift in power from the courts to Congress. We now rely on the court system to decipher most of our current amendments. ...

  • Word Count: 424
  • Approx Pages: 2
  • Has Bibliography
  • Grade Level: High School

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