StudentShare solutions
Triangle menu

David A. Sklansky's view of Katz v. United States - Essay Example

Not dowloaded yet

Extract of sample
David A. Sklansky's view of Katz v. United States

(Sklansky, 2006) According to the author, Katz case remains a landmark both because it provides the constitutional framework that continues to govern electronic surveillance, and because it provides the modern test for a 'search' within the meaning of the Fourth Amendment.
The Fourth Amendment has been the cornerstone in many legal cases for the limits to which the privacy of the person can be breached for the investigation and prosecution of criminal cases. However, the case itself remains rather ambiguous, and there is still doubt, whether taking into account the modern situation after the events of 9/11 electronic surveillance and eavesdropping should be allowed without a warrant Some suppose that the judicial decisions made by Burger and Rehnquist may diminish the effect of Katz's case. It is possible to have a look at least one of the cases ruled by these justices in relation to the Fourth amendment:
'Smith v. Maryland, 442 U.S. 735 (1979). ...
he urgency of the Katz's case is still relevant and even in the light of terrorist threats in the modern society it has its weight, it gives more questions, than answers. It was interesting to note, that actually Katz is viewed as a failure among scholars. It is agreed, that his striving to prove that surveillance is legal, but only under a warranty, is important, but the case itself has not set any reasonable limits for privacy and it should be defined; whether this framework should be adopted outside the domestic law enforcement and what it has to do with the new communication technologies. Sklansky notes, that 'reasonable expectation of privacy sounds nice, but what does it mean' (Sklansky, 2006) The question is absolutely reasonable, taking into account that the privacy has become a subject of major concern now with the cases of privacy breaches more and more frequent, and inability of Courts to define the reasonable privacy limits when it comes to crime. Noting again the events of 9/11 and bearing in mind that terrorist acts' elimination requires special thorough investigation and action, there is a question how privacy issue and national security issue can be weighted by both public safety entities and the court In Katz's case Justice White still left certain space for consideration, noting that in 'national security cases electronic surveillance upon the authorization of the President or the Attorney General could be permissible without prior judicial approval.' (Kitch, 1968) As a result and following the case, the executive Branch has asserted the power to use unwarranted electronic surveillance in the two specific types of national security situations: against foreign intelligence and against domestic subversion. This has been an attempt to weight privacy and ...Show more

Summary

The aim of this work is to understand, why the case of Katz v. United States is still important for the legal practice, especially from the viewpoint of the security threats existing after the events of 9/11, and why Sklansky in his article 'Katz v. United States: The Limits of Aphorism' states that this is one of the most important and universal Fourth Amendment cases ever decided…
Author : esta14
David A. Sklanskys view of Katz v. United States essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"David A. Sklansky's view of Katz v. United States"
with a personal 20% discount.
Grab the best paper

Related Essays

Legal Case Briefs x 3 ( Terry v. Ohio, Katz v. United States, Tennessee v Garner)
They were joined by another man, Kartz, who left the two abruptly. Mc Fadden became suspicious and decided to follow them. The two men linked up with Kartz at a different store (Zucker’s). Mr Mc Fadden approached them, identified himself and subsequently enquired about their names.
4 pages (1000 words) Essay
United States v. Lopez
United States v. Lopez There are many reasons attributed to students who carry handguns in school. Since individual risk factors play a big role, therefore many students carry handguns for self-protection. Racism and gender also are contributing factors, as it has been seen that black students are more likely to carry weapons in schools than white students, and boys are more inclined to possess firearms compared to girls.
3 pages (750 words) Essay
Nixon v United States
He equates oversight with lawmaking, which was usually seen as the supreme function of the legislature. President Nixon’s resignation of August 9th, 1974 brought he entire episode of impeachment to an end. But, this did not mark the end of the innumerable questions and
2 pages (500 words) Essay
Weeks v. United States
If it is determined that any evidence submitted against a citizen has been unlawfully obtained, such evidence will be found inadmissible in court. Take for example, the case of Weeks vs. U.S (1914). Weeks had been convicted of a crime due to evidence that had been
2 pages (500 words) Essay
United States v. OHagan
Also, because O’Hagan was someway associated with the law firm that was involved in the takeover process, even he is considered almost like an insider that acquired non-public information. He tried to take advantage of this non-public
2 pages (500 words) Essay
United States v. Angevine
Equipments such as computers, laptops, phones etc provided by the company accompany their usage regulations and are, thus, monitored for usage. All companies that provide such equipment to their employees also
2 pages (500 words) Essay
UNITED STATES V. MONTGOMERY
He was initially found guilty, but his defense counsel appealed the verdict by making a challenge to the sufficiency of evidence. They also made several allegations about prosecutorial misconduct that should negate the verdict. Over the course of
1 pages (250 words) Essay
United States v. Jones
e amendment, searches and seizure warrants are limited depending on the information made available to the court issuing the search and seizure warrants by an officer, who swears by the same (Wetterer 78). Aspects based on the fourth amendment forms the basis for the case between
4 pages (1000 words) Essay
United states v. ziegler
However, before sentencing Ziegler had tried to suppress the case by arguing that the evidence that was put before the court was un-procedurally collected. He argued that his right to privacy were violated and thus contravened the right
1 pages (250 words) Essay
Katz v. United States, 389 U.S. 347 (1967)
According to the Amendment, a search shall only occur when there is probable cause that has support from an Oath or affirmation
2 pages (500 words) Essay
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation