LS305-01 Constitutional Law Unit 4 assignment

Fourth amendment to apply as a viable defense in

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Fourth Amendment to apply as a viable defense in cases where there had been no official search and seizure of the person, his papers, tangible material effects, or an actual physical invasion of property. Taft concludes that such wiretapping as occurred in this case did not amount to a search or seizure within the meaning of the Fourth Amendment.
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LS305-01 Constitutional Law Unit 4 assignment Justice Harlan in the case of Katz v. United States, 389 U.S. 347 (1967) made government wiretapping by both state and federal authorities subject to the Fourth Amendment's warrant requirements. Also, Justice Harlan built an opinion upon the foundations of the majority opinion and formulated the “reasonable expectation” test for determining whether government activity constitutes a search. Harlan's test, not the majority opinion, is the most common formulation cited by courts. The “reasonable expectation” test was arranged into a two prong test for determining the existence of privacy: If (1) the individual "has exhibited an actual (subjective) expectation of privacy," and if (2) society is prepared to recognize that this expectation is (objectively) reasonable, then there is a right of privacy in the given circumstance. This test was adopted by the majority in Smith v. Maryland. The ruling in Katz v. United States, 389 U.S. 347 (1967) was that; "The Government's activities in electronically listening to and recording the petitioner's words violated the privacy upon which he justifiably relied while using the telephone booth and thus constituted a 'search and seizure' within the meaning of the Fourth Amendment." (Justice Stewart) Regardless of the location, a conversation is protected from unreasonable search and seizure under the Fourth Amendment if it is made with a “reasonable expectation of privacy”. In Katz v. United States, 389 U.S. 347 (1967) the majority opinion was that wiretapping counts as a search (physical intrusion is not necessary).
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LS305-01 Constitutional Law Unit 4 assignment REFERENCES: Katz v. United States , 389 U.S. 347 (1967) Olmstead v. United States , 277 U.S. 438 (1928)
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  • Fall '12
  • UNKNOWN
  • Fourth Amendment to the United States Constitution, Chief Justice Taft, Constitutional Law Unit, LS305-01 Constitutional Law

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