What objection does holmes have to tafts reasoning

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Freedom, Privacy and Technology

Olmstead vs. U.S.

Bill of Rights- focus on the 4th and the 5th Amendments

This case was one of the first dealing with how the protections of the 4th Amendment against unreasonable, warrantless search and seizure should apply to the relatively new technology of telephones.

It has particular relevance today as we consider what protection we are entitled to in our communications on the internet. Remember that judges attempt to reach a verdict that is consistent with previous decisions (as well as any statutory law passed by Congress). This is why you see the judges discussing how the circumstances of previous case apply to this situation

Chief Justice Taft Majority Opinion

1. What are the facts of the case? How did the lower court find?
Certiorari (this is the court's decision to actually consider the case) was granted, but limited to what specific question?

2. Describe Boyd v. U.S.? Explain the relevance of the finding to Olmstead, explaining how the 4th and the 5th did or did not apply.

3. What new ground was broken in the Weeks case, particularly with regard to the fate of evidence (compare to Mass Commonwealth v. Dana. Weeks appears more than once). What was Common Law precedent?

4. Silverthorne, Amos, Gouled, and Agnello add what to Taft's reasoning?

5. What was Judge Justice Field's point (in Ex parte Jackson 96 U.S. 727) about the 4th amendment and the Postal Service. How did Taft see its application to wire-tapping?

Associate Judge Oliver Wendell Holmes Dissenting Opinion

6. What objection does Holmes have to Taft's reasoning?

Associate Justice Louis Brandeis Dissenting Opinion

7. What is Brandeis' dissent based on? How does Brandeis think the court should interpret the wording of the Constitution and the Amendments? In particular, how does he use Weems, Gouled and Jackson to support his view?

8. How do Taft and Brandeis differ in their interpretation of Weeks?

9. What are the opinions on officers of the court breaking the law?

Reference no: EM132294581

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