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

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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). ...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…
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