Essay Privacy Under the Fourth Amendment

Essay Privacy Under the Fourth Amendment

Length: 921 words (2.6 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

Privacy Under the Fourth Amendment


Katz V. The United States 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 Amendment 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 t...


... middle of paper ...


...e court made some
requirements for electronic eavesdropping. Most of them were put in the
Omnibus Crime Control and Safe Streets Act of 1968. There are strict
requirements for electronic surveillance. Warrants now have to be
specified for the use of electronic devices.











Bibliography:

Works Cited
Galloway, John, (ed.) The Supreme Court and The Rights of The
Accused. New York: Facts on File, 1973.
Hall, Kermit. The Oxford Companion to The Supreme Court of The
United States. New York: Oxford, 1992.
Katzen, Sally. "Katz V. United States". FedWorld/FLITE Supreme
Court Decisions Homepage. 24 Sep. 1997.
Online. http://www.fedworld.gov.
Levy, Leonard, (ed.) Encyclopedia of the American Constitution.
New York: Macmillan, 1986.
Maddex, James, Jr. Constitutional Law: Cases and Comments. St.
Paul: West, 1979.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Current Fourth Amendment Jurisprudence Essay

- Introduction The Fourth Amendment to the U.S. Constitution was drafted by the Framers to protect the right to be free from governmental intrusion. Without a warrant and probable cause, an officer may not enter a home and search it. The use of GPS technology, however, enables the government to collect the same information without ever leaving the office. Thus, GPS based surveillance presents the issue of what protection the Fourth Amendment offers. Current Fourth Amendment jurisprudence offers little protection from warrantless surveillance....   [tags: Fourth Amendment, Rights, United States]

Better Essays
1599 words (4.6 pages)

The Codification of the Fourth Amendment Essay

- The most difficult problem that arises for the courts because of technology is the codification of the Fourth Amendment to apply to technological change and progress. The vast changes technology brings to surveillance, security, and data collection offer a challenge to courts in classifying these new technologies and monitoring their use within the limits of the Fourth Amendment. The Fourth Amendment states that people have the right to be “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” An influential dissent written by Louis Brandeis contends that the amendment does not simply protect a person’s property but the “right to be let alone.”...   [tags: technologicals change, privacy, amendment]

Better Essays
1212 words (3.5 pages)

The Fourth Amendment in Criminal Procedure Essay

- ... The search happened because of the arrest warrant not because of the illegal traffic stop. If Frierson had been pulled over and not had an arrest warrant for him then the search would have never happened and he would have left with no issue. However since he did have an arrest warrant on file and it had to be served upon discovery and the gun was then found because of a search incident to arrest as mentioned above. Another example a lot that was use to help make the ruling more sound was that police will often canvas high crime neighborhoods and ask random people for their I.D....   [tags: right to privacy]

Better Essays
1504 words (4.3 pages)

Essay on Fourth Amendment Exceptions

- The Fourth Amendment to the Constitution states that people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts’ decision on this matter I will be relating their decisions in the cases of Oliver v. United States (1984), and California v....   [tags: essays research papers]

Free Essays
2959 words (8.5 pages)

Essay about Privacy in the Workplace

- Privacy in the Workplace In recent times our right to privacy has been under fire, particularly in the workplace. With the fear of terrorists in today's world, we have been willing to sacrifice some of our individual rights for the rights of a society as a whole. A majority of these changes have taken place since September 11, 2001, in an attempt to prevent future terrorist attacks. New legislation, such as the USA Patriot Act, which decreases the limitations on the federal government's ability to monitor people, has been created for this reason....   [tags: Organization Work Privacy Employees]

Better Essays
1625 words (4.6 pages)

Essay about Court Cases Dealing with the Fourth Amendment

- The Fourth Amendment 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." (Cornell). On January 17, 2014, the United States Supreme Court announced that it would hear two cases that deal with the 4th Amendment, Riley v....   [tags: arrest, search, cellphones]

Better Essays
675 words (1.9 pages)

Essay on Consent- A Common Fourth Amendment Exception

- ... This would give local law enforcement officers the means to follow the proper procedures such as obtaining a warrant. In court, the Fourth Amendment of the Constitution as well as all other amendments is open to interpretation. It all depends on the defense attorney’s ability to convince a judge or jury of their arguments. If this particular case is landmark, it may be referenced in future cases. One key word in the Fourth Amendment is “reasonable”. If a person within a household gives an officer the consent to search the computer that has two or more logins or passwords, the officer may be in the clear and the evidence found may be admissible in court....   [tags: police, illegal activities, home]

Better Essays
615 words (1.8 pages)

First Amendment: Protection of Privacy Essay

- As a private citizen, my privacy is very important, especially when in this new digital age; governmental agencies will use that information against you if they have a probable cause to. However, we are protected under the First and Fourth amendment, which gives us rights to speech, to drink or smoke in our homes without governmental intrusion. But when those rights are violated, we have the options to dispute those actions and if not satisfied with the results we can take it to the courts. But in order to do this we must limit what we say or do, in order to prevent these agencies from trying to impinge on our rights of liberty....   [tags: social media, constitutional rights]

Better Essays
906 words (2.6 pages)

Privacy in the Workplace Essay

- "Privacy. There seems to be no legal issue today that cuts so wide a swath through conflicts confronting American society: from AIDS tests to wiretaps, polygraph test to computerized data bases, the common denominator has been whether the right to privacy outweighs other concerns of society…" This quote from Robert Ellis Smith explains, in one sentence, the absolute need to ensure privacy in the workplace. One of the most interesting, yet controversial, areas concerning public personnel is employee privacy....   [tags: Employee Privacy Monitoring Workplace Activity]

Better Essays
2055 words (5.9 pages)

Essay on Threat to Internet Privacy

- Threat to Internet Privacy Abstract At what level is Internet surveillance by the United States government acceptable to society, considering a balance between security and privacy, what are the short and long term implications, and how does it affect the rest of the world. Introduction Privacy from governments has been under assault increasing amounts in the last 100 years. Technology has revolutionized the concept, as before we had microphones, telephones, wiretaps, video cameras, someone would actually need to trespass to violate your privacy....   [tags: Technology Technological Privacy Essays]

Better Essays
2650 words (7.6 pages)