Case Study Katz V. United States

We all expect to have privacy in our homes, but just how much privacy do we actually have? In Oregon, DLK was suspected to be growing marijuana in his home, so the police used thermal imaging, without a warrant, to provide evidence to arrest him. DLK claimed that his right to protection from search and seizure, provided by the fourth amendment, was violated. The Supreme Court then had to decide if the thermal imaging scan infringed DLK’s fourth amendment rights. While he may have been growing marijuana in his home, the U.S. Government violated his fourth amendment rights when they used thermal imaging, without a warrant, to gather evidence.

On the date of February 4th, 1965, believing that the Petitioner had been using public pay phones to transmit illegal gambling wagers from Los Angeles to Miami and Boston, the Federal Bureau of Investigation began their surveillance into the life of the Petitioner, Charles Katz. Fifteen days later on February 19th, 1965 FBI agents working the case against the Petitioner had gained access to a phone booth within a set of phone booths that the petitioner frequented on Sunset Boulevard in Los Angeles, and summarily recorded the petitioner’s side of conversations he was having on the phone within a booth nearby. This surveillance lasted until the 25th (excluding February 22, as no evidence was obtained due to technical difficulties) the date of the petitioner’s arrest, which took place immediately after he exited the same set of phone booths. In this case there are two major constitutional questions which need to be addressed: (1) whether evidence obtained by attaching an electronic listening and recording device to the top of a public telephone booth used and occupied by the Petitioner is gathered in violation of the Fourth Amendment, and (2) whether the search warrant used by the FBI officers in this case violated the Fourth Amendment to the constitution in that the warrant was (a) not founded on probable cause; (b) an evidentiary search warrant and (c) a general search

The Fourth Amendment is the first line protection against the government and their officials from violating our privacy. The Fourth Amendment provides safeguards to individuals during searches and detentions, and prevents unlawfully seized items from being used as evidence in criminal cases. The degree of protection available in a particular case depends on the nature of the detention or arrest, the characteristics of the place searched, and the circumstances under which the search takes place. This Amendment protects us in the following situations such as being questioned while walking down the street, being pulled over while driving, entering individual’s homes for arrest and searching of evidence while there. In most scenarios, police officer may not search or seize an individual or his or her property unless the officer has a valid search warrant, a valid arrest warrant, or a belief rising to the

Would you want to have Federal agents come into your home and begin searching your possessions? Is exposing what you have inside your home, either personal belongings or simple everyday items to someone whom you do not know uncomfortable? In which situations should these searches occur without a warrant and do they violate the Fourth Amendment? There are many questions similar to these being debated at national level. The Fourth Amendment of the United States Constitution states that the government cannot search you, your home, or your belongings without a good reason. Nor can the government seize your belongings without a good reason. An important test case of the Fourth Amendment was the case of DLK. In the case of DLK, did the federal government go too far in using its power of search and seizure? There are three main reasons why the government did go too far in DLK’s case: there was no warrant to prove the agents could use the thermal imager and scan DLK’s property, it violated his right of privacy in his home, and the thermal imager used to scan his property may not be 100% accurate, and that since this device scans objects/property, it may be considered a search. But in this case there was no warrant once again to show as evidence that the Federal agents had permission to use the thermal imager.

The purpose for the Fourth Amendment is to protect people from intrusion of the government in areas where they have a reasonable expectation of privacy. It prohibits searches and seizures unless they are conducted with probable cause and under reasonable circumstances. “The Fourth Amendment only protects against searches and seizures conducted by the government or pursuant to governmental direction. Surveillance and investigatory actions taken by strictly private persons, such as private investigators, suspicious spouses, or nosey neighbors, are not governed by the Fourth Amendment” (Criminal.Findlaw.com, 2013).

The Fourth Amendment states, '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

“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” (www.law.cornell.edu).

In the Fourth Amendment of the U.S Constitution provides privacy as it states in the Constitution “the rights of the people to be secure in their persons, house, 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.” this amendment assures you how you have the right to your privacy a personal life or just technology without a search warrants. The Fourth Amendment was added to the Bill of Rights because it deals with the privacy for the individuals and because the people have the right to feel secure in their house or while using their technologies. There has been many court cases regarding the rights that the Fourth Amendment provides. For example in the article “Creating a Fourth Amendment loophole” talks about how there was a policeman who suspected drugs in an apartment and kicked the door open without a search warrant. When they

The Fourth Amendment of the United States Constitution applies to a person and their home by providing protection against unreasonable seizures and searches. While it provides protection, not every search and seizure can be deemed unreasonable unless it is classified as per the law, by determining whether there was: a) the level of intrusion of the individuals Fourth Amendment, and b) whether or not it pertains to the government’s interest, such as safety of the public.

The fourth amendment was made to protect "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."("Understanding search-and-seizure law", 2018).

The Fourth Amendment of the U.S. Constitution provides, "[t]he 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." The ultimate goal of this provision is to protect people’s right to privacy and freedom from arbitrary governmental intrusions. The Supreme Court has interpreted the Fourth Amendment to allow for a number of exceptions to this requirement where there are exigent circumstances.

Rakas v. Illinois, 439 U.S. 128 (1978) The Court held that a defendant must prove there is a legitimate expectation of privacy for a search to be challenged.

The Fourth Amendment to the U.S. Constitution states “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 (Fourth Amendment). The text of the Fourth Amendment does not define exactly what “unreasonable search” is. The framers of the constitution left the words “unreasonable search” open in order for the Supreme Court to interpret. Hence, by looking at

The Fourth Amendment reads, “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” ("Fourth Amendment legal definition of Fourth Amendment. Fourth Amendment synonyms by the Free Online Law Dictionary", n.d.). The fourth amendment prohibits “unreasonable searches and seizures” (Gardner & Anderson, 2012, p.

The fourth amendment states 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”. This amendment has been extended to secure the protection of some personal information. This interpretation of the fourth amendment has been the deciding factor in several Supreme Court decisions.