1. (a) What is the significance of the case Olmstead v. U.S? (b) What did Justice Louis Brandeis state in his dissenting opinion? (c) What is the significance of the case Katz v. U.S.? 1) reversed Olmstead; 2) said privacy extends to all areas where there is a justifiable “expectation of privacy.” (d) In the case Kyllo v. U.S., what distinction did Justice Antoinin Scalia make between technology such as heat sensors and everyday technology?
The significance of Olmstead v. U.S. was: it involved government eavesdropping to gain evidence against a subjected bootleggers in the prohibition era, and the majority opinion held that there was no violation of any privacy unless the fed era agents committed a physical trespass in order to listen to it. Brandeis called for a “right to be left alone”, and that the framers of the Constitution intended “to protect Americans in their beliefs, their thoughts, their emotions and their sensations“. In Katz v. U.S., judges ruled that unauthorized law enforcement surveillance activities need not invoke a physical trespass to constitute a violation of the Fourth Amendment, after they stated that “a persons right to privacy extends to all areas where there is a justifiable expectation of privacy. Justice Antoinin Scalia stated there is a difference between using items like binoculars, which have been deemed ok to use, and heat sensor, which are more of a violation of privacy.