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Essay / Research Paper Abstract
This 8 page paper argues the legendary case about wiretaps and the legality of using them on a phone booth. The case of Katz v US is examined and the role of the petitioner is assumed. Opening statements and closing argument included. Bibliography lists 6 sources.
Page Count:
8 pages (~225 words per page)
File: D0_MBkatz.rtf
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Unformatted sample text from the term paper:
come under scrutiny with the advent of President Bushs use of wiretaps and interrogating operations of those suspected in the WTC bombing September 11, 2001. However, this issue was tried
and decided decades before in Katz V United States. CASE SUMMARY Katz v. United States, 387 U.S. 347 (1967). A quick summary of the case shows that police
arrested and incarcerated a Mr. Katz after obtaining incriminating evidence against him while he transmitted wagering information by phone across state lines. The tapes, which resulted from the wiretaps, were
admitted as evidence at the trial. The Court of Appeals upheld the conviction finding that there was no Fourth Amendment violation since there was no physical entrance into the phone
booth, in other words, his domicile at the time(Katz v US 387 U.S. 347). Attorneys cried foul stating that the clients Fourth Amendment rights had been grotesquely violated by the
FBI agents. This is what caught the Supreme Courts attention and why they agreed to try the case. The decision in 1967 stated that the Fourth Amendment needed to be
expanded to include a two fold agreement, first that a person have exhibited an actual (subjective) expectation of privacy and, second, that the expectation be one that society is prepared
to recognize as reasonable(Katz v US 387 U.S. 347). THE ARGUMENT One of the very reasons that this country clamored for its independence was the lack of privacy
from the government in England. Search and seizure were common and homes could be routinely searched for any reason and at any time of the night or day by order
of the Royal Crown. Americans eventually threw off that intrusion. Or did they? In the case of Katz v United States, it is obvious that the Fourth Amendment, and a
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