Examples Of Balancing The Rights Of The Fourth Amendment

Balancing the rights of the fourth amendment According to the United States Constitution, the Fourth Amendment gives US citizens a right “to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures.” These rights limit the power of the government to seize and search people, their homes and their property. The courts have interpreted Fourth Amendment privacy rights by applying a “reasonable expectation of privacy” test, meaning individuals secure Fourth Amendment protection if they have a reasonable expectation of privacy related to the item that is being searched. The interpretation of these rights is the subject of much debate and a balance must be placed between the rights of an individual to privacy, with the ability of the government to investigate crime and
As a result, it was decided that the agents violated the Fourth Amendment when they used electronic surveillance to listen in on the suspect Charles Katz without a warrant. The Federal Bureau of Investigation suspected him of playing a role in an illegal gambling operation. They observed him using a public payphone and believed he was transmitting information to a known gambler in Massachusetts. They confirmed their suspicions by acquiring a record of the numbers he called while using the phone booth. Katz was arrested on eight counts, which included illegal transmission of wagering information across state lines. A court overturned the evidence against Katz because it was collected unconstitutionally. Katz case extends protections against unreasonable searches and seizures of electronic wiretapping devices. A further rule related to the Fourth Amendment is that each search or seizure should be cleared in advance by a judge, and to get a warrant the government must show “probable cause”, meaning any evidence is in plain sight, on public media, or acquired