Case Review -- Katz v. United States

The Court’s decision is based on the fact that the police did not get a warrant. Why should they get a warrant to listen into the phone, when they know the person is breaking the law?

Review the summary for Katz v. United States. Then, respond to the following on loose leaf. This assignment is worth 10 points.

1. Summarize the court's decision, then explain whether or not you agree with it.
2. The Court’s decision is based on the fact that the police did not get a warrant. Why should they get a warrant to listen into the phone, when they know the person is breaking the law?
3. Why should the police have to ask a judge for a warrant, when they had probable cause?
4. There have been recent articles about warrantless wiretapping in the name of national security. It is thought that certain government organizations have been listening to some conversations. Do you think the Katz case would be decided differently in today’s era with today’s concern about terrorism?
5. What about cell phones? Where you speak into your cell phone, do you expect it to be private? What if you are on a crowded bus? What if you are in the hallway in school? What if you are in a field in the middle of the prairie? What if you are in a field in the middle of the prairie but someone has planted a listening device next to you? Does the person’s expectation change, or is it society’s expectation that controls?