In holding tha the interception of private telephone conversations by means of wiretapping was not a violation of the Fourth Amendment, this Court, speaking through Mr. Chief Justice Taft, examined the language of the Amendment and found, just as I do now, that the words could not be stretched to encompass overheard conversations: 'The amendment itself shows that the search is to be of material things—the person, the house, his papers, or his effects. 746), and Justice Clarke in the Gouled case (Gouled v. United States, 255 U.S. 298, 41 S.Ct. One who occupied a telephone booth, shut the door behind him, and paid the toll that, permitted him to place a call was entitled to assume that the words he uttered into the mouthpiece would not be broadcast to, the world. The Fourth Amendment says that, 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.'. 1322 (1942). They certainly would not have left such a task to the ingenuity of language-stretching judges. With this decision the Court has completed, I hope, its rewriting of the Fourth Amendment, which started only recently when the Court began referring incessantly to the Fourth Amendment not so much as a law against unreasonable searches and seizures as one to protect an individual's privacy. See, e.g., Jones v. United States, 357 U.S. 493, 497—499, 78 S.Ct. endobj

Katz v. United States. <>/Border[0 0 0]/Rect[323.22 211.794 427.932 223.806]/Subtype/Link/Type/Annot>>

195, 206 207, 35 L.Ed.

endobj

Rather it should vigorously investigate and prevent breaches of national security and prosecute those who violate the pertinent federal laws. 1381, 1387, 10 L.Ed.2d 462, 'The Court has in the past sustained instances of 'electronic eavesdropping' against constitutional challenge, when devices have been used to enable government agents to overhear conversations which would have been beyond the reach of the human ear (citing Olmstead and Goldman). 993, 86 L.Ed. Id., at 97, 85 S.Ct. As elsewhere under the Fourth Amendment, warrants are the general rule, to which the legitimate needs of law enforcement may demand specific exceptios. endobj 513.

679, 682, 683, 5 L.Ed.2d 734; Lopez v. United States, 373 U.S. 427, 438—439, 83 S.Ct. 1110. Whether safeguards other than prior authorization by a magistrate would satisfy the Fourth Amendment in a situation involving the national security is a question not presented by this case.
For these reasons I respectfully dissent.
At, the trial, the government was permitted, over defendant's objection, to introduce evidence of defendant's end of telephone, conversations, which was overheard by FBI agents who had attached an electronic listening and recording device to the, outside of the public telephone booth where he had placed his calls. John S. Martin, Jr., Washington, D.C., for respondent.
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katz v united states pdf

katz v united states pdf


On the single occasion when the statements of another person were inadvertently intercepted, the agents refrained from listening to them. 227 0 obj 0000004672 00000 n

Also compare Osborne v. United States, 385 U.S. 323, at 327, 87 S.Ct. Mr. Justice MARSHALL took no part in the consideration or decision of this case. Yet the Court's interpretation would have the Amendment apply to overhearing future conversations which by their very nature are nonexistent until they take place. He contends that his conviction must be vacated and the charges against him dismissed lest he be 'subjected to (a) penalty * * * on account of (a) * * * matter * * * concerning which he (was) compelled * * * to testify * * *.' Six recordings, averaging some three minutes each, were obtained and admitted in evidence. 1642, 1648, 18 L.Ed.2d 782. See Lewis v. United States, 385 U.S. 206, 210, 87 S.Ct. Cf. INTRODUCTION In October 1967 I had the privilege of arguing Katz v. United States' before the United State Supreme Court. Charles KATZ, Petitioner, v. UNITED STATES. This application of the Fourth Amendment need not interfere with legitimate needs of law enforcement.**. 0000031281 00000 n 0000012730 00000 n 679, 5 L.Ed.2d 734, we hedl that eavesdropping accomplished by means of an electronic device that penetrated the premises occupied by petitioner was a violation of the Fourth Amendment. 1322, for that Amendment was thought to limit only searches and seizures of tangible property.13 But '(t)he premise that property interests control the right of the Government to search and seize has been discredited.' <>/Border[0 0 0]/Rect[407.336 108.3415 472.208 116.3495]/Subtype/Link/Type/Annot>> 1678, 14 L.Ed.2d 510, 'The Court talks about a constitutional 'right of privacy' as though there is some constitutional provision or provisions forbidding any law ever to be passed which might abridge the 'privacy' of individuals. To support its new interpretation of the Fourth Amendment, which in effect amounts to a rewriting of the language, the Court's opinion concludes that 'the underpinnings of Olmstead and Goldman have been * * * eroded by our subsequent decisions * * *.' This view of the Fourth Amendment was followed in Wong Sun v.United States, 371 U.S. 471, at 485, 83 S.Ct. § 46, which was Congress' response to this Court's statement that an immunity statute can supplant the Fifth Amendment privilege against self-incrimination only if it affords adequate protection from future prosecution or conviction.

Thank you. A search to which an individual consents meets Fourth Amendment requirements, Zap v. United States, 328 U.S. 624, 66 S.Ct.

<>/Border[0 0 0]/Rect[374.994 646.991 540.0 665.009]/Subtype/Link/Type/Annot>> 0000021805 00000 n The Government stresses the fact that the telephone booth from which the petitioner made his calls was constructed partly of glass, so that he was as visible after he entered it as he would have been if he had remained outside. Even electronic surveillance substantially contemporaneous with an individual's arrest could hardly be deemed an 'incident' of that arrest.20 Nor could the use of electronic surveillance without prior autorization be justified on grounds of 'hot pursuit. However true it may be that '(i)nnocent citizens should not suffer the shock, fright or embarrassment attendant upon an unannounced police intrusion,' id., at 57, 83 S.Ct. 0000012910 00000 n 543; McDonald v. United States, 335 U.S. 451, 454—456, 69 S.Ct. Thesis (PDF Available) ... United States granted certiorari and reversed the lower courts (Katz v. United States,, 1967). <>stream at 1642, these considerations are not relevant to the problems presented by judicially authorized electronic surveillance. The Third Amendment's prohibition against the unconsented peacetime quartering of soldiers protects another aspect of privacy from governmental intrusion. IV Blackstone, Commentaries § 168.

��r^8"`��N��R� �����b���%%i��V�v�v��ݯH����@�3�H:p���7�u�q�Ȟ�&�vSKH�d�҆��P� Thus, I think that although the Court attempts to convey the impression that for some reason today Olmstead and Goldman are no longer good law, it must face up to the fact that these cases have never been overruled or even 'eroded.' Neither of these cases 'eroded' Olmstead or Goldman. In matters where they believe national security may be involved they are not detached, disinterested, and neutral as a court or magistrate must be.

In holding tha the interception of private telephone conversations by means of wiretapping was not a violation of the Fourth Amendment, this Court, speaking through Mr. Chief Justice Taft, examined the language of the Amendment and found, just as I do now, that the words could not be stretched to encompass overheard conversations: 'The amendment itself shows that the search is to be of material things—the person, the house, his papers, or his effects. 746), and Justice Clarke in the Gouled case (Gouled v. United States, 255 U.S. 298, 41 S.Ct. One who occupied a telephone booth, shut the door behind him, and paid the toll that, permitted him to place a call was entitled to assume that the words he uttered into the mouthpiece would not be broadcast to, the world. The Fourth Amendment says that, 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.'. 1322 (1942). They certainly would not have left such a task to the ingenuity of language-stretching judges. With this decision the Court has completed, I hope, its rewriting of the Fourth Amendment, which started only recently when the Court began referring incessantly to the Fourth Amendment not so much as a law against unreasonable searches and seizures as one to protect an individual's privacy. See, e.g., Jones v. United States, 357 U.S. 493, 497—499, 78 S.Ct. endobj

Katz v. United States. <>/Border[0 0 0]/Rect[323.22 211.794 427.932 223.806]/Subtype/Link/Type/Annot>>

195, 206 207, 35 L.Ed.

endobj

Rather it should vigorously investigate and prevent breaches of national security and prosecute those who violate the pertinent federal laws. 1381, 1387, 10 L.Ed.2d 462, 'The Court has in the past sustained instances of 'electronic eavesdropping' against constitutional challenge, when devices have been used to enable government agents to overhear conversations which would have been beyond the reach of the human ear (citing Olmstead and Goldman). 993, 86 L.Ed. Id., at 97, 85 S.Ct. As elsewhere under the Fourth Amendment, warrants are the general rule, to which the legitimate needs of law enforcement may demand specific exceptios. endobj 513.

679, 682, 683, 5 L.Ed.2d 734; Lopez v. United States, 373 U.S. 427, 438—439, 83 S.Ct. 1110. Whether safeguards other than prior authorization by a magistrate would satisfy the Fourth Amendment in a situation involving the national security is a question not presented by this case.
For these reasons I respectfully dissent.
At, the trial, the government was permitted, over defendant's objection, to introduce evidence of defendant's end of telephone, conversations, which was overheard by FBI agents who had attached an electronic listening and recording device to the, outside of the public telephone booth where he had placed his calls. John S. Martin, Jr., Washington, D.C., for respondent.

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