Basic Information

The architect Cass Gilbert had grand ambitions for his design of a new home for the Supreme Court--what he called "the greatest tribunal in the world, one of the three great elements of our national government." Gilbert knew that the approach to the Court, as much as the structure itself, would define the experience of the building, but the site presented a challenge. Other exalted Washington edifices--the Capitol, the Washington Monument, the Lincoln Memorial--inspired awe with their processional approaches. But in 1928 Congress had designated for the Court a cramped and asymmetrical plot of land, wedged tightly between the Capitol and the Library of Congress. How could Gilbert convey to visitors the magnitude and importance of the judicial process taking place within the Court's walls?
The answer, he decided, was steps. Gilbert pushed back the wings of the building, so that the public face of the building would be a portico with a massive imposing stairway. Visitors would not have to walk a long distance to enter, but few would forget the experience of mounting those forty-four steps to the double row of eight massive columns supporting the roof. The walk up the stairs would be the central symbolic experience of the Supreme Court, a physical manifestation of the American march to justice. The stairs separated the Court from the everyday world--and especially from the earthly concerns of the politicians in the Capitol-- and announced that the justices would operate, literally, on a higher plane. (Toobin, Jeffrey. The Nine: Inside the Secret World of the Supreme Court. New York: Anchor Books, 2008.)

Thursday, February 18, 2010

Katz vs. United States 1967

This case is very important because it involves our personal privacy. This case is based on the fourth amendment which deals with search and seizure. Phonebooths may not be prevalent now everyday, however, the fact that the government can tap into our conversations that easily is perplexing. All it takes for the government to make such an action is to tap a conversation. The phonebooth is considered public property so it was way easier for the government to obtain the conversation that Katz was having. Nowadays with cell phones, it's easy to tap a conversation, but its hard to get the warrant to do so.

Facts of the Case:
Acting on a suspicion that Katz was transmitting gambling information over the phone to clients in other states, Federal agents attached an eavesdropping device to the outside of a public phone booth used by Katz. Based on recordings of his end of the conversations, Katz was convicted under an eight-count indictment for the illegal transmission of wagering information from Los Angeles to Boston and Miami. On appeal, Katz challanged his conviction arguing that the recordings could not be used as evidence against him. The Court of Appeals rejected this point, noting the absence of a physical intrusion into the phone booth itself. The Court granted certiorari.

Question:
Does the Fourth Amendment protection against unreasonable searches and seizures require the police to obtain a search warrant in order to wiretap a public pay phone?

Conclusion:
Yes. The Court ruled that Katz was entitled to Fourth Amendment protection for his conversations and that a physical intrusion into the area he occupied was unnecessary to bring the Amendment into play. "The Fourth Amendment protects people, not places," wrote Justice Potter Stewart for the Court. A concurring opinion by John Marshall Harlan introduced the idea of a 'reasonable' expectation of Fourth Amendment protection.
Posted by at

No comments:

Post a Comment

Subscribe to: Post Comments (Atom)