Some Case Studies

Some Case Studies - Some Case Studies Olmstead v US (1928)...

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Some Case Studies Olmstead v US (1928) For a period of five months, the Government tapped 8 telephone lines in the homes and offices of people suspected of violating the National Prohibition Act. 775 pages of notes were made of the conversations. No search warrant was obtained for the wiretaps. The evidence was used to convict Olmstead. Since 1909, it was a misdemeanor crime to intercept phone messages in the State of Washington. In 1928, a sealed letter entrusted to the mail is protected by the 4 th Amendment. He filed an appeal based upon the assertion that the wiretaps were: 1. An unreasonable search and seizure under the 4 th Amendment , and 2. Use of the conversation as evidence compelled him to be a witness against himself, which is prohibited under the 5 th Amendment.
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Olmstead Holding 1. The use of the recorded conversations is not a violation of the 5 th Amendment. 2. No trespass onto the defendant’s property was committed because the wiretapping was done from a separate building. No 4
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This note was uploaded on 08/08/2010 for the course HLS 225 taught by Professor Burkechristensen during the Fall '08 term at E. Kentucky.

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Some Case Studies - Some Case Studies Olmstead v US (1928)...

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