Parties: Charles Katz(Plaintiff) v. United States (Defendant) Facts: The Plaintiff Charles Katz was convicted of transmitting wagering information across state lines using a public telephone which is a violation of 18 U.S.C. &1084. He was being observed by the Federal Bureau of Investigation(FBI) from February 19 to February 25, 1965 at set hours every day using the phone. After being suspicious the FBI placed listening devices on the telephone booth so they could record his calls. The plaintiff filed to have the evidence suppressed, but the motion was denied. Prior Proceeding: A motion was filed to the Los Angeles Court of Appeals to have the evidence suppressed, but it was rejected. The Plaintiff felt his 4th Amendment right was violated. …show more content…
Defendant: The Defendant argued that the Plaintiff Fourth Amendment right was not violated, and he violate 18 U.S.C. & 1084. Holding/rule of Law: (1) When a court rule under 18 U.S.C. & 1084 it requires the government to prove “whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or in formation assisting in the placing of bets or wagers”. The penalty is a fine not more than $10,000 or imprisoned not more than two years, or both. (2) Does the Constitution protect us against unreasonable search and seizures and not the place? Rationale: The court decision in this case that Katz was guilty of engaging in betting and wagering using a wire communication facility was justified. He was an individual that conducted illegal gambling over the public phone. He went to the same phone, at the same time every day. That is suspicious activity. The Defendant could have gotten a court order to record the phone calls, but since there was no physical entrance into the phone booth, it was legal. That is just some of the loop holes in the system that lawyers