Surveillance is a undercover observation of people, places and vehicles, which law enforcement agencies and private detectives use to investigate allegations of illegal behavior to potentially convict a suspect. Technological surveillance has been a problem with court cases since the 1920’s. The Courts did not seriously play the issue of the violation of the fourth amendment with the wiretaps of personal space. The situation became an legit issue later on in the 60’s with an attempt to regulate. Another serious problem is that the judgement is not progressing as fast as technology advances.
The main issue is that technological surveillance has is that it violates the Trespass Doctrine that was established in 1928. There are many ways technological surveillances is used to spy or hear on a person conversing such as Electronic Monitoring, Fixed Surveillance, Stationary Technical Surveillance and many more types.
In the case of
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United States (1967), The Court ruled 7–1 in favor of Katz, with Justice Black in dissent. Justice Marshall did not participate in the vote. Writing for the majority, Justice Stewart wrote, "One who occupies a telephone booth, shuts the door behind him, and pays the toll that permits him to place a call is surely entitled to assume that the words he utters into the mouthpiece will not be broadcast to the world." Certain details, such as shutting the door on the telephone booth, help determine if a person intends for a conversation to be private. Private conversations are not intended to be listened to by multiple people, that should be made in public areas. The right of the people to be secured in their persons, houses, papers, and effects, against unreasonable searches and seizures. Therefore, the constitutional rights shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be