POLI 4021 Chapter : 4th Amendment
Document Summary
In short, electronically listening to the petitioner constituted a search and seizure under the 4th amendment. It is the person that is protected, not simply areas. Katz had a reasonable expectation of privacy in the phone booth. (2) was the search constitutional? never entered. Such searches, without judicial oversight, are per se unreasonable under the 4th amendment: harlan, concurring: person must have exhibited an actual, outcome: people have the right to privacy under the 4th amendment. Law enforcement cannot listen to citizens" phone calls without warrants. 4th amendment can be violated even if a person"s home is: black, dissenting: court"s role is not to rewrite the meaning of the 4th. If framers expectation of privacy and that the expectation is one that society recognizes as reasonable. wanted to cover this, they would have done so. No general right created by the amendment so as to give the court the unlimited power to hold unconstitutional everything that affects privacy.
