Thursday, November 21, 2019
Read the attached case and write a legal brief of the case Study
Read the attached and write a legal brief of the - Case Study Example s motion, the District court suppressed the data obtained through GpS while the vehicle was parked at Jonesââ¬â¢s residence but accepted the remaining data on the ground that Jones had no reasonable expectation of privacy on public streets. The D.C Circuit reversed the conviction on the ground that warrantless use of GpS violated the Fourth Amendment. Government approached the Supreme Court. A. Rule: The Fourth Amendment provides that ââ¬Å"the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizure, shall not be violatedâ⬠. The governmentââ¬â¢s claim that a search has not occurred is rejected because in Katz v. United States (1967), the Court observed that ââ¬Å"the Fourth Amendment protects people, not placesâ⬠, and found violation in the attachment of an eavesdropping device to a public telephone. B. Application: Though the Fourth Amendment jurisprudence was mainly tied to common-law trespass till the second half of 20th century, it deviated after that and started protecting the privacy of people, not places. The vehicle comes under ââ¬Å"effectâ⬠as provided in Fourth Amendment, and it is not an ââ¬Å"open fieldâ⬠as claimed by the
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.