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Katz v U.S. Brief Case

by: Matt Curtis

Katz v U.S. Brief Case IST 452

Matt Curtis
Penn State
GPA 3.0
Marc Friedenberg

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About this Document

First Brief Case of the class
Marc Friedenberg
Class Notes
25 ?




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This 1 page Class Notes was uploaded by Matt Curtis on Sunday August 30, 2015. The Class Notes belongs to IST 452 at Pennsylvania State University taught by Marc Friedenberg in Fall 2015. Since its upload, it has received 52 views. For similar materials see Cyberlaw in Information technology at Pennsylvania State University.

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Date Created: 08/30/15
Matthew Curtis IST 452 31 August 2015 Katz V US Case Brief Citation Katz v United States 389 US 347 1967 Facts The petitioner Charlie Katz was convicted in the District Court for the Southern District of California under an eightcount indictment charging him with transmitting wagering information by telephone from Los Angeles to Miami and Boston in violation of a federal statute At trial the Government was permitted over the petitioner s objection to introduce evidence of the petitioner s end of telephone conversations overheard by FBI agents who had attached an electronic listening and recording device to the outside of the public telephone booth from which he had placed his calls In affirming his conviction the Court of Appeals rejected the contention that the recordings had been obtained in violation of the Fourth Amendment because there was no physical entrance into the area occupied by the petitioner The Court of Appeals then granted certiorari in order to consider constitutional questions presented in this case Issue Is it considered a violation of the Fourth Amendment to introduce evidence from a telephone booth conversation despite no physical entrance into the area occupied Decision Yes because the agents never followed the proper legal procedure in obtaining evidence from a search and seizure Reason This is a violation of the Fourth Amendment because although it is legal for government agents to obtain evidence from a Search and Seizure they need prior approval from a judicial officer In this case the agents acted with restraint imposed by themselves rather than by a judicial officer which led to the conviction of Mr Katz Due to this surveillance being failed to meet the condition of a judicial officer s prior approval it is considered a violation of the fourth amendment and the judgement must be reversed Opinion I fully agree with the court s decision here because there are reasons why government agents have to follow strict procedures when obtaining evidence and making arrests Violation these strict policies is considered abuse of legal power and violations of American citizens constitutional rights Without these federal rules the country wouldn t be able to maintain any order Without order cities would become similar to Gotham City and would have to rely on a brave individuals similar to Batman to bring any sort of order back to an unjust city


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