"Wherever a man may be, he is entitled to know that he will
remain free from unreasonable searches and seizures."
"a friend's apartment, a taxicab, a telephone booth" |
California, 1965. Charles Katz uses a public telephone to places some bets -- but his bookie isn't the only one listening. The FBI has a recording device on the booth. The Government convicts Katz of illegal gambling. Katz claims it's the FBI recordings that are illegal: they had no warrant.
The FBI sees no need for a warrant in a public place, but the Supreme Court does. "Wherever a man may be," writes Justice Stewart, "he is entitled to know that he will remain free from unreasonable searches and seizures. No less than an individual in a business office, in a friend's apartment, or in a taxicab, a person in a telephone booth may rely upon the protection of the Fourth Amendment."
For more...
Teaching the Fourth Amendment U.S. Dept. Of Education
Protection against Unreasonable Searches and Seizures
Electronic Surveillance and the Fourth Amendment FindLaw
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AMENDMENT 4 Protection Against Unreasonable Searches and Seizures
Passed by Congress September 25, 1789. Ratified December 15, 1791.
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. [^].
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