Sunday, January 13, 2019

United States v. White case brief

United States v. White case brief summary


Analysis:
•The 4th amendment does not protect against one who thought they were talking to a respected colleague but was a government agent or when the agent records the defendant’s words for evidence 
•A criminal is taking a risk when engaging in criminal activity that one of his colleagues is an informant.
When you speak to another about your criminal activity you have no reasonable expectation of privacy.
Therefore, this is NOT a search.

DISSENT: The surveillance recording is violating our basis of individuality and privacy. Taking away that privacy takes away our dignity.
The difference from Katz:
When Katz was on the phone with is bookie he runs the risk that he will tell the police but he had a reasonable expectation of privacy regarding other people.

3rd person doctrine: if you confide in a third party you are taking the risk. 

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