Saturday, May 4, 2019
Forum 5 constitutional law Essay Example | Topics and Well Written Essays - 500 words
Forum 5 constitutional law - Essay Exampleure of ones right to privacy and the constitutionally sure definition of a search. This case was decided following a Certiorari from the Supreme Court to the soil Court for the Southern District of California to review the case. The petitioner was convicted with transmitting wagering information via a honorarium booth from Los Angeles to Miami and Boston in violation of a federal statute.In this case, Charles Katz used a general booth to give out information illegally about gambling and wagering. The FBI however was recording his conversations by means of an eavesdropping device attached to the exterior of the booth. The court of Appeals sided with the FBI following Katzs conviction arguing that there was no physical intrusion into the booth.The Supreme Court ruled that the FBIs activities in using technology to get word to the petitioners words violated the privacy of Katz, privacy upon which he relied upon. The court further expounded that, under the Fourth Amendment, a conversation is protected from un sensitive search and seizure if it is made with a reasonable expectation of privacy.Therefore, wire-tapping counted as a search. Justice Stewart explains the rationale behind their decision was that One who occupies a telephone booth, shuts the admission behind him, and pays the toll that permits him to place a call is surely entitled to assume that the words he utters into the mouthpiece will not be broadcast to the world. (White, Welsh S., and James J. Tomkovicz. Criminal Procedure natural Constraints upon Investigation and Proof. Newark, NJ LexisNexis Matthew Bender, 2004. (p. 6).)In the case of the United States v. Antoine Jones, the government installs a GPS device on Jones vehicle and monitors its movement in public traffic for 28 days. This investigation was conducted without a warrant. Antoine Jones owned a cabaret in the District of Columbia, with Lawrence Maynard, as manager of the club. In 2004 a joint
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.