LS305-01 Constitutional Law Unit 4 assignment

Such care with telegraphic and telephonic messages as

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such care with telegraphic and telephonic messages as it applies to mailed sealed letters, and Taft is quite emphatic in drawing the distinction: "The amendment does not forbid what was done here. There was no searching. There was no seizure. The evidence was secured by the use of the sense of hearing and that only. There was no entry of the houses or offices of the defendants." Chief Justice Taft suggests that one can talk with another at a great distance via telephone, and that because the connecting wires were not a part of either the petitioners’ houses nor offices, they cannot be held subject to the protections of the Fourth Amendment. Furthermore Taft suggests that Congress may "of course" extend such protections to telephone conversations by passing direct legislation that would prohibit their use in federal criminal trials. Until such legislation is passed, however, "the courts may not adopt such a policy by attributing an enlarged and unusual meaning to the Fourth Amendment," as there are no precedents that permit the
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  • Fall '12
  • Fourth Amendment to the United States Constitution, Chief Justice Taft, Constitutional Law Unit, LS305-01 Constitutional Law

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