Thursday, August 29, 2019
Katz v. United States, 389 U.S. 347 (1967) Essay
Katz v. United States, 389 U.S. 347 (1967) - Essay Example 39).à The court is obligated to identify any possible reason for a warranted search or seizure. The Fourth Amendment provision only applies where the government conducts the searches and seizures. Thereby the clause excludes private investigations by austerely private persons such as unsavory spouses, privately hired investigators, or intrusive neighbors. In a few exceptions, the concerns of the Fourth Amendment arise when actions taken by a private person are in conjunction with law implementation. However, the constitution protects whatever an individual seeks to perpetuate as private that is in an area accessible to the public. In accordance with the Supreme Court, individuals have a reasonable expectation of privacy in their bodies, personal effects, and clothing. Homeowners own a privacy interest that extends inside their houses and extends to their immediate outside surrounding ( McCord et al., p.192). The expectation of privacy does not appertain to private property held to the public and thus is not protected by the Fourth Amendment. Nonetheless, items seen through or information gathered by augmented surveillance could be subject to the provisions of the Fourth Amendment. It is unlawful to intercept a telephone call. In addition, when one intends to make a call they expect privacy regardless of the medium used (Schulhofer, p. 125). Hence, the Fourth Amendment rightfully protects the petitioner against invasion of privacy. The judge disregarded the term ââ¬Å"constitutionally protected areaâ⬠in the context of the Fourth Amendment and explained that constitutionally it is not a right to privacy. The government had enough evidence to establish that the petitioner was using the specific telephone to transmit gambling information to persons in other states thereby committing a federal offence but acquired the information illegally. The case involves private actions for the purpose of the Fourth Amendment. The courts seek to determine the extent to
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.