Note: Katz and the Fourth Amendment: A Reasonable Expectation of Privacy, or a Man's Home is his FortCleveland State Law Review (1974)
AbstractThe interpretation of fourth amendment rights and their application to individual situations has been a troublesome problem even for the United States Supreme Court. The Court itself has recognized that the translation of fourth amendment protection from an abstract principle into workable guidelines has been a "difficult task" over which it has been divided for many years. While there are a great many cases and commentaries treating fourth amendment rights, little attention has been given to the circumstances that must exist in order for it to be said that a search and seizure has taken place. The purpose of this note is to explore the issues involved in determining when the conduct of law enforcement officers constitutes a search and seizure.5 Consideration will be given to Katz v. United States,6 which established the test to be applied in making this determination; to the application of Katz and its effect upon fourth amendment protections; to alternatives for the preservation of fourth amendment rights; and to the necessity for stringent enforcement of fourth amendment prohibitions.
- Fourth Amendment
Citation InformationRichard L. Aynes, Note: Katz and the Fourth Amendment: A Reasonable Expectation of Privacy, or a Man's Home is his Fort, 23 Cleveland State Law Review 63 (1974).