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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. Search, Seizure and the Fourth Amendment

... as well as an privacy expectancy to disguise unlawful activity are certainly not protected in the constitution. California v. Greenwood In the case of California v. Greenwood addresses the issue if the Fourth Amendment excludes "is any garbage that is left outside the home for disposal subject to a warrantless search and seizure. (www.casebrief.com)." In the case of California v. Greenwood ... that supported the claims that Greenwood was trafficking narcotics and ultimately led to his arrest and conviction. The court in California along with the Supreme Court concurred; according to the ...

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

2. 4th Amendment and the Patriot Act

... supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The rights guaranteed to United States citizens by the fourth amendment have come under attack in light of the September 11th terrorist attacks. Attorney General John Ashcroft has played a pivotal role in ushering in a new era of heightened security and ... namely the USA Patriot Act, which amends the Foreign Intelligence Surveillance Act. This new kind of legislation has broadened the government's power over searches and seizures. The wording of the fourth a...

  • Word Count: 1358
  • Approx Pages: 5
  • Has Bibliography
  • Grade Level: Undergraduate

3. Exceptions to the Fourth Amendment

... into court as evidence, unless a search warrant was obtained to search for, and seize the property in question. It is rightfully this way because of the protections that the Fourth Amendment provides. The Fourth Amendment states that "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 ... determine if one of these few exceptions applied. If none of the exceptions applied then the property is deemed inadmissible as evidence. The exceptions to the general rule of the Fourth ...

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

4. Fourth Amendment - Checkpoints and Roadblocks

... v. Arnold, 523 F.3d 941 (9th Cir. Cal. 2008) the courts held that searches of closed containers and their contents can be conducted at the border without particularized suspicion under the Fourth Amendment. Searches of the following specific items have been upheld without particularized suspicion: (1) the contents of a traveler's briefcase and luggage; (2) a traveler's purse, wallet, or pockets; (3) papers ... . 2013.) 2. Officers are allowed to stop all vehicles coming through a checkpoint without probable cause or reasonable suspicion. The reasoning behind the checkpoints is a complex a...

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

5. Fourth amendment rights

... person's home. Further more the Chief Justice referred to the home where the men were guests at a "business place" and therefore the fourth amendment privacy act does indeed not apply in vicinity that is not referred to as "home". Justice Rehnguist took on loose construction when interpreting the ... by Constitutional framers. Justice Stephen G. 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 obtained the so called "illegal" evidence was not in fact inside the whole when conducting his observ...

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

6. 4th Amendment Exclusionary Rule

... . However, it was written to meet the needs of changing times. A major issue of the Constitution that strongly affects us today is found under the Bill Of Rights: Specifically, The Fourth Amendment: 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 ... but what about buildings, businesses, automobiles, and other places presumed personal. It also talks about warrants but it doesn't state when one is to be used. These issues with the Fourth Amendment only le...

  • Word Count: 733
  • Approx Pages: 3
  • Grade Level: High School

7. Fighting the fourth amendment

... while establishing these foundations for justice? I think not. The internet has set up serious loopholes and "easy outs" that, if challenged, can and will set a whole new look at the fourth amendment, and what we call "our right to privacy". The Facts Ronald C. Kline, a former Orange County Superior Court Judge, is currently out on $50,000 bail and a GPS devise strapped to ... followed upon receiving the information from Williams. Pulled from a web based site, "Find Law.com" the following information proves that the search was legal: "The flip side is that the Fourth Amendment does perm...

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

8. The 5th Amendment

... increased in number, tending to confine application of the requirement to cases that are exclusively ''criminal'' in nature. Because conservatives and liberals have varying interpretations of the 4th Amendment, there is no doubt that many a debate has been sprung by certain circumstances. For example, there have been various instances around the United States where school students have ... U.S. Supreme Court agreed to review the case and reversed the lower court decision. In an opinion written by Justice White, the Court first held, importantly, that the Fourth Amendment does apply to st...

  • Word Count: 1915
  • Approx Pages: 8
  • Has Bibliography

9. The Fourth Amendment

... 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."" I think the Fourth Amendment is a confusing amendment. Many people misunderstand it. What does unreasonable mean here? Well I think, it means when the reason for a warrant doesn't make sense and isn't based on probable cause, ... which is the thoughts of everyday people/average person. The Fourth Amendment should protect everyone from illegal searches. I don't think an individual can be stopped or detained just because he...

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

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