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LawBeagle, Attorney
Category: Legal
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How would you write a case brief of U.S. v. Katz, including

Resolved Question:

How would you write a case brief of U.S. v. Katz, including facts, procedural history, issue, rule, analysis, and conclusion. Can you please label each component of the brief so that I may know which is which for my reference. Thanks I will add a bonus for this one.
Submitted: 5 years ago.
Category: Legal
Expert:  LawBeagle replied 5 years ago.

Sure no, problem. I will have it for you soon. Thank you!
Customer: replied 5 years ago.
you are very welcome
Expert:  LawBeagle replied 5 years ago.
Here you go!
Facts: The petitioner, Katz, was convicted of transmitting illegal gambling information over telephone lines from Los Angeles to Boston and Miami, in violation of federal law. Katz had used a public telephone booth to do so. After conducting surveillance, the FBI placed a listening device to the top of the telephone booth and recorded the conversations. The tapes from the phone calls were then entered into evidence at trial.
Procedural History: The petitioner had moved to have the evidence suppressed under the Fourth Amendment, which the trial court denied. Petitioner appealed to the Court of appeals, who upheld the conviction and held that the evidence was admissible on the grounds that there was no physical entrance in to the Petitioner’s home. The Supreme Court granted certiorari.
Issue: Does the Fourth amendment protect a person’s privacy rights to telephone conversations conducted in a phone booth?
Rule: The Fourth Amendment protects against unreasonable search and seizures, and follows a person, not a place.
Analysis: Even in a public place, a person can have a reasonable expectation of privacy. A person has no reasonable expectation of privacy for things that they broadcast to the word. In this case, a person in a phone booth could expect the protection of the Fourth Amendment because he can rightly assume that the words he is saying will not be heard by the public. The Fourth Amendment protects persons, not areas from unreasonable search and seizure. The taping of the phones constitute a search under the Fourth Amendment, and were obtained without a warrant.
Conclusion: The evidence obtained and contained on the tapes is inadmissible under the Fourth Amendment. The conviction was overturned.
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