Sunday, January 13, 2019

Olmsted v. United States case brief

Olmsted v. United States case brief summary

Facts:
•Olmsted illegally transported liquor during prohibition. He was the manager of the large criminal enterprise.
•The police tapped his phones in common, public areas to get evidence.

Rules and Analysis of the Case:
The 4th amendment addresses PLACES. They did not go into their homes but public places 
Different from if they looked at their mail because the 4th amendment protects papers.
Wires and telephones didn’t exist at the time the 4th ammendmant was written 
Tapping phones in Washington is ILLEGAL. The officer’s conduct was illegal in the state but we are in federal court 

•The court states: 
“There was no searching, there was on seizure”
•The court is saying the 4th amendment doesn’t apply at all because there was no searching or seizure in this particular case.

Dissent by Brandeis 
•Although it’s not tangible, it’s the same thing 
•Predicts the internet 
•If the government breaks the law and 4th am. then it will promote other people and the state to ignore the law 
Brandeis states that the government should not be permitted to the break the law to obtain information.   Breaking the law is unreasonable search and seizure
The phone companies have privacy contracts with their customers 
The police were careful not to trespass on his property. The court says the constitution does not prohibit what was done. 

Listening to a conversation is neither a search or a seizure therefor we stop.

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