When Can We Expect Privacy? | Katz v. United States
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- Опубликовано: 15 окт 2024
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In episode 54 of Supreme Court Briefs, a man illegally gambles on sports, and the FBI catch him in the act since they were spying on him on a payphone. Wait, can they do that? #supremecourtbriefs #4thamendment #privacy
Thanks to Patreon supporters Matt Standish and Kit Walker for both suggesting this case!
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Los Angeles, California
February 25, 1965
Charles Katz makes a phone call at a public telephone booth near his apartment on Sunset Boulevard. Katz had made these calls to various states regularly for years. He was a professional gambler, mostly placing bets on college basketball games, and he would conduct his gambling business on these pay phones. Well, wouldn’t you know it...interstate sports gambling was illegal, and the Federal Bureau of Investigation, aka the FBI, was spying on him. Yep, they were recording his conversations after installing hidden listening devices attached to the outside of the phone booth. Shortly after recording these conversations the FBI arrested him at his apartment. They charged him with eight counts of knowingly transmitting wagering information by phone between U.S. states. But there was one big problem with the FBI’s plan- the agents had not secured a search warrant before spying on Katz. And the Fourth Amendment to the U.S. Constitution states that, unless law enforcement officers have probable cause, they need a warrant to spy on a suspect. Wait, do they?
Well, perhaps the agents were not that worried since in the case Olmstead v. United States, the Supreme Court said that the Fourth Amendment did not apply to wiretapping phones to listen in on conversations. In fact, the Court determined that private phone conversations were basically no different from conversations overheard in a public area. Unless there was physical intrusion by law enforcement, it was ok, and this became known as the “trespass doctrine.”
So sorry Katz. But wait just a second, the Olmstead case was 37 years prior. Times had changed. Katz was like, “I’m fightin’ this.” In the U.S. District Court for the Southern District of California, he tried to prevent the FBI’s phone booth recordings from being used as evidence since, ya know, they didn’t have a warrant. The judge denied the request, and Katz was convicted based on them.
With the help of a young lawyer named Harvey Schneider, Katz appealed his conviction to the U.S. Court of Appeals for the Ninth Circuit, but it agreed with the lower court, so Katz appealed again to the Supreme Court, and they agreed to hear oral arguments on October 17, 1967. The biggest issue was, did Katz deserve privacy by stepping into the phone booth to make those calls?
The Court said “yes.” On December 18, 1967, it announced it had sided with Katz. It was 7-1. So yep, the Court overruled the Olmstead case and therefore overruled the trespass doctrine.
Justice Potter Stewart wrote the opinion. “The Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.”
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Sad part about all this, is a United States Citizen, who was Violated by one of the Top Federal Law Enforcement Agencies in America. The F.B.I., so they should have known better, even more than state and local agencies. Today, the Federal Law or Act he was Accused and Unjustly Convicted for, is called FANDUEL. There is even a App for people's cell phones to WAGE THEIR BETS ACROSS STATE LINES. As long as Uncle Scam gets his Percentage of the Pie or Bribery Money, called the 16th Amendment or better known as Taxation.. Just like the Valstead Act during Prohibition or our 18th and 21st Amendments to the U.S. Constitution. What about our Legal Car Thieves today, driving Tow Trucks and stealing Abandoned Vehicles ?? We can't forget our Numbers Racket who sell State Lottery Tickets today, along with their Powerballs.. Then we have our other Americans, that BUY, SELL, RECIEVE, and EXCHANGE STOLEN PROPERTY at Pawn Shops, who pay their Extortion Money, to Uncle Sam, the Real GoodFella and Organized Gangster. We also have our Legal Pimps and Prostitutes who work at the Bunny Ranches, outside of Las Vegas who pay Prostitution Taxes, no different than PORN STARS. We can't forget our Marijuana Dealers, who pay their Dispensary Taxes, with our Big Pharma Dealers, who sell Americans their Legal Narcotics and Stimulants, including METHAMPHETAMINE known as DESOXYN on the prescription paper. Plus our Legal Casinos, who also pay their Protection or Extortion Money to Uncle Sam, the Real American Gangster, in what is called a GAMING TAX.. Either way, the Givernment Researches every Criminal Activity that makes Prosperous Profits, with their Studies and Surveys, only to Rob the Robbers, or to Stea that Racketl from the Stealers.. Jesus called them all HYPOCRITES, SADUCEES, AND PHARISEES. HE CONDEMNED THEM AND EVEN CALLED THEM RELIGIOUS LEADERS OF THE LAW.. READ MATTHEW Chapter 23 in the Bible.. Thank you Mr Beat and let's go BET $100 on the ARIZONA DIAMONBACKS.. Just make sure to use Fanduel to place bets, and please pay your TAXES, so you're not Violating a Unconstitutional Federal Act.. Do one about ROBINSON V CALIFORNIA 1962, about Addiction being a Disease, which needs to be Treated and Not Punished. It was the Supreme Courts very 1st Landmark Ruling for the 8th Amendment. Thank you Mr. BEAT...
I feel like whatever the laws are, the NSA wont care regardless lol.
The Senate just voted to extend the Patriot Act surveillance powers like a month ago so yup pretty much lol
The NSA- Doing whatever they want since 1952
@@supermoneyball420 It's sad how the PATRIOT Act is so bipartisan.
Most 3 letter Government organizations tend to be able to get away with doing whatever they want really
For the peep-hole by the peep hole.
Phone booths were also Superman's changing rooms.
I should have brought that up, too.
and public toilets, trash disposals, tryst locations of convenience...
Not always, Superman changes whatever private place he can get too!
@@alexking7262 It depends on the incarnation. More classic version of Superman usually used phone booths.
Underdog, as well. In fact, he took it a step further by destroying the phone booths in the process.
Yay! Another Supreme Court Brief
The series will continue forever.
Dont feel too old Mr Beat, I still see Telephone booths today! None of them work and they're mostly there cause the company that built them hasnt bothered to take them to the scrap yard but nonetheless
I haven't seen one in person in years, but perhaps I wasn't looking too hard for them.
In the UK we have changed our Telephone boxes into emergency aid boxes, where we have defibulators. Which has helped save so many lives!
They shouldn’t take them down in my opinion, they’re historical landmarks.
Congrats for 200k! You definitely deserve it.
Aw thank you so much! :D
I really enjoyed this video. There is something interesting about Supreme Court Briefs.
PS
Congratulations to your 200K (now it is even 201K).
Thanks so much! :D
Thought you stopped this series all together nice to see it back
I will stop making videos for this series. I wish it did better, though. 😒
@@iammrbeat why do you want to stop
@@iammrbeat Aaand you didn't stop.
I am always curious about why justices didn't vote in certain cases. Was it conflict of interest, health related, or some other reason. Personally I think it would be great if it was briefly mentioned in the videos. Love this series!
In this case, I suspect it's because Marshall had taken his seat too late in the process, although it could be because he had been solicitor general.
I've never been this early to a Mr. Beat video. I wish I had something interesting to say.
Well I just appreciate the comment. :D
I love your videos!!!!! You rock, Mr. Beat : ) : )
Thanks 😊
Here in Brazil, the Constitution of 1988 has an spcific prlvision on records of telephone conversations, requiring judicial warrants (unless you're also talking in the conversation being tapped).
I'll have you know, that the most efficient time machine isn't a public telephone booth its a police telephone booth, which is an even older concept where before police radios they allowed police to make calls to communicate with headquarters, and to put dangerous subjects until the police back-up arrives, they were also used as break rooms on long beats without cars. There was a hatch door that could be opened to make emergency calls, but the booth itself was locked and only police could open it. The one most famous is the Metropolitan Police design used in Greater London, the City of London's was similar but lighter and in Manchester they were red but distinct from public phone booths.
-No entiendo- why Mr. Beat's channel isn't more popular! Please do a video about the 'war on drugs' it'd be interesting
Oh I plan on it. Hopefully that war will end soon. :D
Superman places his bets in a telephone booth. No, wait. He changed into his costume in a phone booth.
Make sure you check what you’re getting from 420 friendly states. You might get cookies with a little extra something in them.
You almost have 200k subscribers 👍
😄 And really about the cookies?!
This is a great video. I love Supreme Court Briefs! Thank you for giving me something to binge on
Thanks for the kind words. Glad you dig the series. :D
Thanks for what you do Mr Beats. I’m old and still learning
We need privacy in two places: in the toilet and the bed.
These videos are great for my criminal justice classes now that we are distance learning! Thank you!
the fact that in my lifetime there was still phone booths will always be the bane of my existence. millenials truly is the bridge between old and new age
Especially Xennials, which is what I am.
In NYC I remember there was a public phone in some street I used to go near when trying to get on the train in the mid-2000s, what was so special about the phone? It was free! It had advertisement all over it that said so and no coin mechanism, it took a few years before it was vandalized to hell! Last I saw it was sometime ago last decade, maybe 2015 or 2016 when I was visiting family, but only the casing was left. It was the only one I ever saw, but it was legit, it just didn't have a booth, not even that cubby some phones had.
@@OpinionesDeJACCsOpinions That is so cool lol. Do you know what station it was near?
@@RemixedVoice
It was in the Bronx, let's see… it was one near Lehman College.
I love your videos, Mr Beat!
Greetings from Brazil
Greetings from the U.S.A. Glad you like these videos about American Supreme Court cases. :D
Start learning a new language today with Babbel! Sign up today and get 50% off for 6 months: bit.ly/BabbelByMrBeat
Snail mail me something (not a bomb or anthrax spores):
PO Box 1982
Lawrence, KS 66044
Which Supreme Court case should I cover next?
Mr. Beat
Congratulations on 200,000 subscribers! I watched the livestream on Wednesday.
Let me know when you're going to Paraguay.
Damn, I was just putting the finishing touches on my anthrax letter when I read that. Guess it's going in the trash.
They say Trump v. Hawaii shall be feature next.
I think you should cover the new LGBT civil right case:Bostock v. Clayton County, Georgia
If Snowden give himself up, can he appeal his case to The Supreme Court?
He sure can, but unfortunately at this time, the Court will likely not be on his side.
No Lawyers in Gitmo though
@@iammrbeat Disgraceful
@@iammrbeat unless freed
I feel like the most important part in learning spanish is knowing what “tildes” are. For example: aprendió has a “tilde” so the big sound goes in the syllable with the “tilde”. aprenDIÓ when it doesn’t have a tilde it’s in the second to last syllable. LApiz MAno etc. Good luck Mr. Beat
Lápiz does have a tilde
Theres another issue about this
Its divided into tonicas and atonicas
Which means, tonicas, sound with accent and marked with tilde
Atonicas dont have tilde but have accent
This is about silabas
If theres a i or u togheter, tou dont split them.
If they're with a srong vocal they dont split either
And so on..i hated spanish ewe
Im a native speaker if anything.
Mr beat you have a new sub here...just found your chan and i enjoy it greatly....been binge watching...thanks
You should do a ”Norway and Sweden compared”!
Alaska and Hawaii
The Man is back!!! Hey this is exactly what I asked for in the last video. Except I expected Griswold v Connecticut
Griswold....yeah I definitely need to get to that one. :)
@@iammrbeat oh McGrain v. Daugherty, teapot dome scandal interesting case I think
I think a better question would've been whether it's permissible for law enforcement to listen in to everyone, indiscriminate of cause, probable or otherwise, without warrant, and cast an unlimited dragnet over all US citizens. For law enforcement to claim privileged evidence, exempt from 4th Amendment protections, could be gathered from 'overheard' conversation opens up avenues of abuse.
There are still lots of phone booths here in the uk
Mr beat you should make a video on the history of police brutality in America.
I added it to my list recently. My next SCB will deal with stop-and-frisk.
@@iammrbeat Looking forward to that one 👍
0:21 I just realized me and Mr Beat both use the same type of computer and the same keyboard. Mind blown.
Macs are the best. :D
@@iammrbeat Apples are the best... oh, and the computers are pretty good too.
Hello, well yes I belive that privacy should be protected, unless it is the case of a criminal, but people don't want their lives to be seen by a ton of investigators that is an abuse and I thank Mr. Beat because with this video he has given us a way of telling agencies like the FBI and the CIA that we don't want them to get in our bussiness, well I hope everything is well over there in Kansas, fun fact I now Spanish because I am not an American (although I love this country ) I am Spanish, and Mr. Beat wants to learn spanish, also my mother needs that app to learn english, but any way great video, we all love you Mr. Beat also in my last coment in the "200,000 subs video" I forgot mentioning that 11 months earlier you made a roasting video for your 100, 000 subs, well all those peope are going to be haunted the rest of their lives for what they wrote to you, because you are an amazing man, I recomend to everyone the songs Mr. Beat has writen and proformed with the help of his brother Steven Beat, so keep up the amzing work, it is amazing who you never get old I think you are 28 (I think ) so well I love the history of how this country came to be and I love this country, god bless Mr. Beat and his family, God bless the United States and God bless evryone, we will Beat coronavirus because "the house won't fall" (Lincoln quote), bye.
You are too kind, Mikael. Your English is pretty solid for learning. Now, I just need to work on my Spanish. lol
2:11 personally, I do not agree with that fact because the act of overhearing someone accidentally is very different from purposely trying to wire tap a phone
4:06 ... why did the one guy who dissented say "yes???" :)
I also wonder what the lone dissenter said.
So glad you did another one. Finally!
¡Señor Beat espero hablar con usted algún día cuando venga a Argentina!
Si!
Mr. Beat are you ever gonna do a top 10 justices for worst and best like you have done for Senators?
Don’t stop making these videos
I don't plan on stopping! :D
nice video as always looking forward to your take on McGirt v Oklahoma !
I will definitely make a video about that one someday!
When people try to argue with me I now like to tell them about Supreme Court cases such as this one. I usually win the argument
Gotta love that PLA logo at 0:50
This was very interesting to hear. Came here following a recommendation by Knowing Better.
I think that this case must be revisited, I mean, technology has advanced so much in the last 53 years. Those phone booths can now fit in a pocket, and do so much more than make phone calls, and what took rooms then, can now fit in a letterbox.
McGrain v. Daugherty,
But wasn't the decision based on how the location and medium don't matter, only whether the intent is to keep things private? As such, advances in technology shouldn't matter.
This needs to be revisited
There is another case in this vein brewing right now in the US. I think it is Stacy Rich (ect) v American Honda Motor (ect). Basically vehicles that connect to your phone download info off of your phone and the car manufacture collects that data and does whatever they want with it. For instance, giving it away to law enforcement at request and making the entire database open for law enforcement's perusal without a warrant. Last I heard was in Nov 2023 where the 9th Circuit ruled against privacy and said manufactures could take whatever they want and once they had it, they could do whatever they want with it.
I agree. I also think it should be revisited.
With the current Supreme Court and the bipartisan support of the extension of the PATRIOT Act, I just don't see this happening any time soon.
@@iammrbeat
Damn, don't get me started on the Patriot Act.
I'll be typing the rest of the day.
I have no idea why you aren’t already at 1 Million subscribers, your videos are amazing
That’s awesome! I just realized that recently both you and TheTalentlessWriter(some of my favorite RUclipsrs) both got 200k! Congrats again btw 🎉
Checked out TheTalentlessWriter. What a fun channel.
We need a follow up for this case with US v. Jones
1st:
I would say a phone booth [enclosed or open] is public domain. As a conversation in a crowd.
2nd:
So can you do one on corporate using search data for precise advertising?
Love these Supreme Court episodes. They are amazing!
UM ACTUALLY the Tardis was a police box, not a phone booth
MR BEATS IS A WONDERFUL , KIND MAN .
NOW HE IS STUCK WITH ME....
How come public schools, don't teach about this.
3:42 es excelente así que pueblo means it's excellent so town. I'm sure you were trying to say pruébalo. Anyways, great video!
He's studying. Don't be too harsh on him.
En efecto. Necesito trabajar en mi pronunciación.
@@iammrbeat What ?? 😏
@@iammrbeat
👌👏 I thought you were making a joke, but don't worry your doing great!👍
Telephone booths is where Superman changes his clothes
Indeed
Clark Kent is Superman?
Actually it is Kal El that is Superman
you should do a video on the new R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission case
There are still a whole host of working phone booths in London!
Would you please do Dartmouth vs Woodward
Great suggestion. That one has been on my list for awhile. Hopefully I can get to it sooner than later.
@@iammrbeat Awesome, I live in New Hampshire and my former 8th grade social studies teacher loves to talk about it.
"it's excellent, so village"
LOL mi pronunciación sigue siendo horrible
It’s been awhile since I read 1984, but I had a somewhat different understanding of it. For me it was about the concept of “DoubleThink” and having people retcon history and facts in order to make the truth completely irrelevant. Surveillance was just a means to catch anyone who tried to go against the government’s agenda, which is still a relevant concern, but my take away was more about the danger of when people are set in an environment where truth no longer matters. I don’t think mass surveillance is needed to make that danger real. It could happen under a very authoritarian government, which at the time, seems to be the kind of entities the book more alluded to. I mention this because I think people often cite 1984 as an example of the dangers of mass surveillance but to me the book was more about the dangers of entities who deny the access to information or truth, which in the age of the internet, seems almost impossible now. Even in China or North Korea, it doesn’t really stop everyone from getting information.
Certainly, mass surveillance is dangerous in the regard that it feels any information could be used against you. It has happened. At the moment though, this government doesn’t seem very keen on controlling every citizen at the micro level. Various actors seem to prefer adjusting policies and law so it unequally benefits a select few and it’s an easier approach to execute and even easier to hide.
You should do a video on the history of the United States coal industry! Especially since this has become a more prevalent topic in today’s political discussions.
Check out Gitlow V. New York next
Great suggestion. That one has been on my list for awhile. Hopefully I can get to it sooner than later.
You have to create your own privacy in public.
Hey Mr. Beat
Hey Bernardo
I just let out the biggest "YOU IDIOTS" when he said the FBI agents didn't have a warrant
can you do Glasgow VS Edinburgh on the city battle series?
The one person who disliked the video is a member of the NSA
I'm sure they are monitoring my channel since I might be "radicalizing" you all by giving you facts. :D
Wake up honey, another Supreme Court case
Tell 'em! :D
They could double as time machine's
And.... BATHROOMS.....for some people.... That's why you always had to watch your step before you stepped into one of those bathroom booths.....with a payphone in it.
Katz probably shouldn’t be revisited now, because if it was most of this current court would probably overrule it as they really aren’t big fans of it (Thomas, Alito, Gorsuch, etc.). We need this case to remain good law because it’s important for our ever shrinking privacy rights.
Do people really not know what phonebooths and landlines are?
I had students who didn't know. :(
1:32 The bodyguard looks like Arnold Schwarzenegger 😅
A skinnier version of him, perhaps. lol
thats pretty cool you wanna go to S. America. you gonna do vids about it in the futxre?
Where does Superman go to change now that there are no more phone booths? Nice Bill & Ted reference BTW
His Volkswagen Beetle
Now, while I agree. Telephone booths are public, I wouldn't feel I have a resealable sense of privacy in one. At home, yes most definitely! While browsing on a public Wi-Fi, not really, home Wi-Fi? Of course! It maybe a private interaction in a public location, but it isn't private.
However, I wouldn't want someone to look at my devices without my permission, that's different.
Trust me...back then telephone booths were meant to be private. Otherwise, there wouldn't be a booth.
Me learning this in school at this exact moment
You should do McCulloch v. Maryland or District of Columbia v. Heller
A telephone booth with a pay phone in it?
The dickens you say!
They are magical machines.
Ok. I did your Patreon thing. Can you do the NLRB v. J. Weingarten? How about the Anna Nicole Smith case?
Did you join the Facebook group?
I've followed him on Facebook.
It is tremendously helpful your video
Thanks a lot 🙏
Please make more videos about fifth and sixth amendment
Why didn’t Thurgood Marshall vote on Katz v. United States?
Love Supreme Court Briefs. Please do Castle Rock v. Gonzales, Tennessee v. Garner about Police use Deadly force & McDonald v. Chicago
Thank you! Yeah I already had those all on my to do list. Great suggestions!
You should do Kansas v Carr
A recent one dealing with my home state? Heck yes. I'll add it to the list.
I typed in Mr.Beast Wrong As Mr.Beat And Now Here I Am Lol (I Subbed Btw)
Well that worked out for me. lol
Peerage.. Y Jury of peers Does that imply consideration of peersge in court cases as well as in jury selection? 🔭
Need to do a simulation video between the new country of CHAZ & the city of Seattle or the state of Washington.
I had to Google Chaz. I can't believe that's a thing.
But wait it's a /public/ telephone booth in'nit?
Hey, Mr. Beat. Can you please do a Supreme Court Briefs video on United States v. Paramount Pictures?
Katz... I heard that name before.
Why did Thurgood Marshall not take part in the decision?
He had just joined the Court and had a conflict of interest so recused himself.
good pronunciation Mr Beat, i looking foward to making a video in paraguay or whatever lol
Hi Mr. Beat, in light of Pride month, would you be able to go over obergefell v. hodges? That would be great! Also, the oral argument and Court's opinion were super interesting and intricate. It would help teach a lot to the current generation of folks wanting to understand some of the rights people are trying to protect in the country.
I already did! :)
ruclips.net/video/rrOfh5ii9R8/видео.html
@@iammrbeat This is really great!!!!!!!
Why didn't Thurgood sit?
President During this time: Lyndon B. Johnson
Chief Justice: Earl Warren
Argued October 17, 1967
Decided December 18, 1967
Case Duration: 62 Days
Decision: 7-1 in favor of Katz (Black)
This is the best type of Katz
Katzy comment
Interesting. This case was an important factor in having conversations without incriminating yourself. Despite this, wiretapping and mass surveillance are still a topic of debate.
Definitely. And yeah, I do think the Court thinks to revisit privacy again regarding surveillance.
this maybe very spicy but also very topical but I was wondering if you could cover Warren v. District of Columbia
Thanks for the suggestion. I didn't even know about that case!
I’ve been using Babbel for about 4 years now to learn Spanish and can vouche for how good it is. I wouldn’t have achieved my level of Spanish without it. If you want to learn a language I’d say it’s a must use.
Anyways, great video Mr. Beat. We should always be on guard about turning into a police state.
I just started. 😆
Mr. Beat If you really want to learn Spanish I’d also recommend an app called HelloTalk. It’s a language exchange app and I used it to text in spanish all the time while while my Spanish language partners text in English and we correct each other. I’ve even met some of them when I’ve traveled to their countries, so you should check it out when you get a chance.
Why did only 8 judges vote?
Thurgood Marshall had just joined the Court and there was a conflict of interest with him.