Preview

Charles Katz Case

Good Essays
Open Document
Open Document
513 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Charles Katz Case
Charles Katz v. United States 1967 is a United States Supreme Court case that examined the nature of illegal search and seizure and the right to privacy. This case was argued on October 17, 1967 until its decision date of December 18, 1967. The case was argued under some pretty influential justices; those that include Chief Justice Earl Warren and Thurgood “Mr. Civil Rights” Marshall although he did not vote. This case overturned the previous ruling of Olmstead v. United States back in 1927. This case set a very high precedent in the realms of privacy and immaterial intrusion with technology as a search because phone calls and private phones were becoming part of everyday life. Now the facts of the case are very laid out and clear. Charles …show more content…
First, does the right to privacy extend to public telephone booths and public places? And secondly, is a physical meddling necessary to establish a search? Since there is a question at hand over constitutional rights the Supreme Court took these matters into their own hands. “The Government's eavesdropping activities violated the privacy upon which petitioner justifiably relied while using the telephone booth, and thus constituted a "search and seizure" within the meaning of the Fourth Amendment.” (Supreme Court Cases). It is said that the government illegally convicted and charged Katz by using his own conversation as evidence against him. The Fourth Amendment governs not only the seizure of concrete items, but also carries on to the recording of oral statements and conversation and in this case conversation via telephone. The Court voted 7-1 in Katz’s favor with Justice Black in dissent. The government in arguing against Katz, made clear that the phone booth was made partly of glass, leaving Katz visible to the public. The Court rebutted saying that what Katz didn’t seek to disregard that when he stepped in the booth was not the “intruding eye-it was the uninvited ear.” On behalf of the majority, Justice Stewart wrote, “One who occupies [a telephone booth], shuts the door 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." Every detail was extremely important in the case especially the fact that he shut the door in the booth, making private conversation okay in public areas. Justice Douglas and Brennan concurred with the same reasons whereas Justices Harlan and White concurred but with differing

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Was the warrantless surveillance of Katz’s conversation a violation of the Fourth Amendment, even though the government did not physically penetrate the telephone booth?…

    • 195 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    David D. Kervin Case

    • 84 Words
    • 1 Page

    The Law Office of David D. Kervin, Jr. is a personal injury law firm that is located in New Orleans, Louisiana. Their practice areas include personal injury, vehicle accident, wrongful death, medical malpractice, and environmental torts. The Law Office of David D. Kervin, Jr. covers the areas of various types of injuries involving work-related injuries, offshore accidents, serious injuries due to dangerous or defective products, car accidents, motorcycle accidents, and truck accidents. The Law Office of David D. Kervin, Jr. offers a free consultation.…

    • 84 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Facts: This case raises questions concerning the Fourth Amendment and searches incident to a lawful arrest. On September 13th, 1965, three police officers arrived at Chimel’s residence in Santa Ana, California. They possessed a search warrant, which authorized Chimel’s…

    • 211 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Mapp vs. ohio: The surrounding of the case was the police came in her house try to find a bomb suspect they found the bomb suspect but they also found pornograph pics of her self so she was arrested that day. The supreme court's decision was that when a police officer is searching you or your house they have to specify what they are looking for. The courts decision maid a big change because the cops if they come in your house looking for a gun but they find a knife they cant arrest you for it because they have to specify what they are looking for.…

    • 107 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    In the case of US v. Jones, the installation was held to be in violation of the 4th amendment and a warrant was required. In a 9 – 0 decision, the Supreme Court of the United States unanimously agreed with the lower court's opinion and held the installation of a tracking device, absent a search warrant or any exigent circumstances, constitutes an unlawful search under the Fourth Amendment. Judge Scalia delivered the opinion of the Court. While divided on the interpretation of search theory and providing the basis behind their decision, the remaining Justices concurred with the majority opinion.…

    • 870 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Peter Dalton Case

    • 709 Words
    • 3 Pages

    FACTS Brian Dalton (plaintiff) took the SAT test in May administered by Educational Testing Service (ETS) (defendant). In November, he took again and scored 410 points higher. Because the increased score fell within the ETS category of discrepant scores, the ETS did a handwriting comparison examined by a document examiner who opined that they were completed by separate individuals. The ETS made a preliminary decision to cancel Dalton’s November score. In registering for the November test, Dalton had signed an agreement granting the ETS the right to cancel any test score if ETS has reason…

    • 709 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The petitioner cited United States v. Karo, 468 U.S. 705 (1984) correctly, citing a beeper as not a search, but placing a beeper device to obtain information that would not otherwise be obtainable without it was a violation of rights.…

    • 758 Words
    • 4 Pages
    Good Essays
  • Good Essays

    One does not expect to leave their house and have a stranger barge into their home and rummage through their belongings. This is the situation that Petitioner David Fallsbauer found himself in with not a stranger, but a highly esteemed officer of the law, whom unreasonably dissected his possessions. Under the Fourth Amendment of the Constitution of the United States, citizens are protected against the unbridled and unreasonable searches and seizures. One exception is through consent to the search. Schneckloth v. Bustamonte, 412 U.S. 218, 219 (9th Cir. 1973). Petitioner David Fallsbauer can demonstrate through established case law that the consent his mother gave was ambiguous. Because his mother’s consent was ambiguous, the consent was not…

    • 447 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Hamdi Vs Rumsfeld Summary

    • 1053 Words
    • 5 Pages

    St. Cyr, which questioned the district court?s jurisdiction under the general habeas corpus statute when dealing with illegal immigration and anti-terrorist groups. Zadvydas v. Davis, asking whether the Attorney General has the authority to arrest a removable alien after the removal period or not. Matthews vs Eldridge, dealing with an inevidentary hearing to a disabilities beneficiary being terminated violating the Due Process of the Fifth Amendment (Cornell Law, 2004).…

    • 1053 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Mapp V. Ohio Case Study

    • 1111 Words
    • 5 Pages

    Mapp v. Ohio is an important case that made history. For the reason it has to do the Fourth and Fourteenth Amendment. All evidence obtained by searches and seizures in violation of the Federal Constitution is inadmissible in a criminal trial in a state court. Wolf v. Colorado, 338 U. S. 25, overruled insofar as it holds to the contrary. Pp. 367 U. S. 643-660.…

    • 1111 Words
    • 5 Pages
    Powerful Essays
  • Satisfactory Essays

    Roy Olmstead was accused of importing and possessing illegal liquors back in 1927. He was later proved guilty by wiretaps installed in his basement. Olmstead tried saying that his 4th and 5th amendment were violated, but in conclusion his 4th amendment rights were not infringed because mere wiretapping does not qualify under a search or seizure. To be searched means that they would physically have to be there searching for something without a warrant that is. They are allowed to do so with a warrant. The vote behind his rights were 5-4 not in his favor. So he was later detained and arrested by the police. In this court case the officials learned a lot about how they should think, they decided that they should not back down in that sort of situation…

    • 160 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Abortion Report

    • 823 Words
    • 4 Pages

    I have chosen for my topic Abortion. I think that it is a topic that is…

    • 823 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Hank Kolb Case

    • 1354 Words
    • 6 Pages

    The company Hank Kolb works in is a big plant with 1200 people working in it. Greasex, which is a specialized degreasing solvent packed in a spray can, is one of the major products of this company. Hank Kolb was hired as a director of quality assurance. A problem occurred with the new filling equipment in the previous week and some of the cans were pressurized beyond the upper specification limit.…

    • 1354 Words
    • 6 Pages
    Satisfactory Essays
  • Powerful Essays

    Phone Tapping

    • 1510 Words
    • 7 Pages

    Many argue that phone tapping is an invasion of privacy. Nowhere in the Constitution is the word privacy mentioned, implying that, “Privacy is a value or ideal in society,” (McCloskey) but not a right. This is one argument in support of phone tapping. While some claim that the Constitution supports this argument, sections of the Constitution actually provide reasons why this argument is incorrect (Browne). Those guidelines imply that Americans have the right to privacy, because there would be no point for laws to protect privacy if privacy was not a right. However, the Bill of Rights does not explicitly say the word privacy but it implies and defends privacy within multiple amendments including the Fourth and the Tenth. The Fourth Amendment clearly states, “Without probable cause and a search warrant, the government cannot search or seize your house or belongings.” ("United States Constitution."). The right to not to have one’s personal property and belongings searched, is a guideline that defines privacy. The Tenth Amendment states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the…

    • 1510 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    Death Penalty

    • 1448 Words
    • 4 Pages

    Two of the first influential cases dates back to 1968, US v. Jackson and Witherspoon v. Illinois. In each of these cases,…

    • 1448 Words
    • 4 Pages
    Powerful Essays