Sunday, January 13, 2019

Katz v. United States case brief

Katz v. United States case brief summary
Katz would place sports bets across the country that violated federal law. Police taped the phone calls 

The government here is saying there was no papers, houses, places, or effects.

4th ammendment: a person has a reasonable expectation to privacy.
This particular case focuses on Privacy rather than search and seizure.
He went in the booth and closed the door, expecting privacy 
An electronic, as well as physical intrusion into a place that is in this sense private, may constitute a violation of the 4th amendment. 
First question: Was there a search or a seizure?   Does the 4th amendment even apply?
First: did the person exhibit an actual expectation of privacy (subjective)?

Second: Was the search or seizure reasonable? 
This search was unreasonable because they did not have a warrant, making it unreasonable.

It is presumptively unreasonable if there is no warrant 
They probably didn’t get a warrant because the Olmsted said it's not needed
Third: what remedy is appropriate?

This conversation was neither searched nor seized. 
What one attempts to keep private and has a reasonable expectation of privacy, they are protected by the 4th am. 
When the goverment listened to his private conversations, they intruded on his reasonable expectation of privacy 
In this case, they should have gotten a warrant first.

Now what? Because listening to this conversation led to his conviction, he must be acquitted.

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