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the particular surveillance undertaken was unreasonable absent a warrant properly authorizing it. This application of the Fourth Amendment need not interfere with legitimate needs of law enforcement.** **518 In joining the Court’s opinion, I note the Court’s asknowledgment that there are circumstance in which it is reasonable to search without a warrant. In this connection, in footnote 23 the Court points out that today’s decision does not reach national security cases. Wiretapping to protect the security of the Nation has been authorized by successive Presidents. The present Administration would apparently save national security cases from restrictions against wiretapping. See Berger v. State of New York, 388 U.S. 41, 112-118, 87 S.Ct. 1873, 1911-1914, 18 L.Ed.2d 1040 (1967) (White, J., *364 dissenting). We should not require the warrant procedure and the magistrate’s judgment if the President of the United States or his chief legal officer, the Attorney General, has considered the requirements of national security and authorized electronic surveillance as reasonable. Mr. Justice BLACK, dissenting. If I could agree with the Court that eavesdropping carried on by electronic means (equivalent to wiretapping) constitutes a ‘search’ or ‘seizure,’ I would be happy to join the Court’s opinion. For on that premise my Brother STEWART sets out methods in accord with the Fourth Amendment to guide States in the enactment and enforcement of laws passed to regulate wiretapping by government. In this respect today’s opinion differs sharply from Berger v.State of New York, 388 U.S. 41, 87 S.Ct. 1873, 18 L.Ed.2d 1040, decided last Term, which held void on its face a New York statute authorizing wiretapping on warrants issued by magistrates on showings of probable cause. The Berger case also set up what appeared to be insuperable obstacles to the valid passage of such wiretapping laws by States. The Court’s opinion in this case, however, removes the doubts about state power in this field and abates to a large extent the confusion and near-paralyzing effect of the Berger holding. Notwithstanding these good efforts of the Court, I am still unable to agree with its interpretation of the Fourth Amendment. My basic objection is twofold: (1) I do not believe that the words of the Amendment will bear the meaning given them by today’s decision, and (2) I do not believe that it is the proper role of this Court to rewrite the Amendment in order ‘to bring it into harmony with the times’ and thus reach a result that many people believe to be desirable. 38 *365 While I realize that an argument based on the meaning of words lacks the scope, and no doubt the appeal, of broad policy discussions and philosophical discourses on such nebulous subjects as privacy, for me the language of the Amendment is the crucial place to look in construing a written document such as our Constitution. The Fourth Amendment says that ‘The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, 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 seized.’ The first clause protects ‘persons, houses, papers, and effects, against unreasonable searches and seizures * * *.’ **519 These words connote the idea of tangible things with size, form, and weight, things capable of being searched, seized, or both. The second clause of the Amendment still further establishes its Framers’ purpose to limit its protection to tangible things by providing that no warrants shall issue but those ‘particularly describing the place to be searched, and the persons or things to be seized.’ A conversation overheard by eavesdropping, whether by plain snooping or wiretapping, is not tangible and, under the normally accepted meanings of the words, can neither be searched nor seized. In addition the language of the second clause indicates that the Amendment refers not only to something tangible so it can be seized but to something already in existence so it can be described. Yet the Court’s interpretation would have the Amendment apply to overhearing future conversations which by their very nature are nonexistent until they take place. How can one ‘describe’ a future conversation, and, if one cannot, how can a magistrate issue a warrant to eavesdrop one in the future It is argued that information showing what *366 is expected to be said is sufficient to limit the boundaries of what later can be admitted into evidence; but does such general information really meet the specific language of the Amendment which says ‘particularly describing’ Rather than using language in a completely artificial way, I must conclude that the Fourth Amendment simply does not apply to eavesdropping. Tapping telephone wires, of course, was an unknown possibility at the time the Fourth Amendment was adopted. But eavesdropping (and wiretapping is nothing more than eavesdropping by telephone) was, as even the majority opinion in Berger, supra, recognized, ‘an ancient practice which at common law was condemned as a
nuisance. IV Blackstone, Commentaries s 168. In those days the eavesdropper listened by naked ear under the eaves of houses or their windows, or beyond their walls seeking out private discourse.’ 388 U.S., at 45, 87 S.Ct., at 1876. There can be no doubt that the Framers were aware of this practice, and if they had desired to outlaw or restrict the use of evidence obtained by eavesdropping, I believe that they would have used the appropriate language to do so in the Fourth Amendment. They certainly would not have left such a task to the ingenuity of language-stretching judges. No one, it seems to me, can read the debates on the Bill of Rights without reaching the conclusion that its Framers and critics well knew the meaning of the words they used, what they would be understood to mean by others, their scope and their limitations. Under these circumstances it strikes me as a charge against their scholarship, their common sense and their candor to give to the Fourth Amendment’s language the eavesdropping meaning the Court imputes to it today. I do not deny that common sense requires and that this Court often has said that the Bill of Rights’ safeguards should be given a liberal construction. This *367 principle, however, does not justify construing the search and seizure amendment as applying to eavesdropping or the ‘seizure’ of conversations. The Fourth Amendment was aimed directly at the abhorred practice of breaking in, ransacking and searching homes and other buildings and seizing people’s personal belongings without warrants issued by magistrates. The Amendment deserves, and this Court has given it, a liberal construction in order to protect against warrantless searches of buildings and seizures of tangible personal effects. But until today this Court has refused to say that eavesdropping comes within the ambit of Fourth Amendment restrictions. See, e.g., Olmstead v. United States, 277 U.S. 438, 48 S.Ct. 564, 72 L.Ed. 944 (1928), and Goldman v. United States, 316 U.S. 129, 62 S.Ct. 993, 86 L.Ed. 1322 (1942). **520 So far I have attempted to state why I think the words of the Fourth Amendment prevent its application to eavesdropping. It is important now to show that this has been the traditional view of the Amendment’s scope since its adoption and that the Court’s decision in this case, along with its amorphous holding in Berger last Term, marks the first real departure from that view. The first case to reach this Court which actually involved a clear-cut test of the Fourth Amendment’s applicability to eavesdropping through a wiretap was, of course, Olmstead, supra. In holding tha the interception of private telephone conversations by means of wiretapping was not a violation of the Fourth Amendment, this Court, speaking through Mr. Chief Justice Taft, examined the language of the Amendment and found, just as I do now, that the words could not be stretched to encompass overheard conversations: ‘The amendment itself shows that the search is to be of material things-the person, the house, his papers, or his effects. The description of the warrant necessary to make the proceeding lawful is *368 that it must specify the place to be searched and the person or things to be seized. * * * ‘Justice Bradley in the Boyd case (Boyd v. United States, 116 U.S. 616, 6 S.Ct. 524, 29 L.Ed. 746), and Justice Clarke in the Gouled case (Gouled v. United States, 255 U.S. 298, 41 S.Ct. 261, 65 L.Ed. 647), said that the Fifth Amendment and the Fourth Amendment were to be liberally construed to effect the purpose of the framers of the Constitution in the interest of liberty. But that can not justify enlargement of the language employed beyond the possible practical meaning of houses, persons, papers, and effects, or so to apply the words search and seizure as to forbid hearing or sight.’ 277 U.S., at 464-465, 48 S.Ct., at 568. Goldman v. United States, 316 U.S. 129, 62 S.Ct. 993, 86 L.Ed. 1322, is an even clearer example of this Court’s traditional refusal to consider eavesdropping as being covered by the Fourth Amendment. There federal agents used a detectaphone, which was placed on the wall of an adjoining room, to listen to the conversation of a defendant carried on in his private office and intended to be confined within the four walls of the room. This Court, referring to Olmstead, found no Fourth Amendment violation. It should be noted that the Court in Olmstead based its decision squarely on the fact that wiretapping or eavesdropping does not violate the Fourth Amendment. As shown, supra, in the cited quotation from the case, theCourt went to great pains to examine the actual language of the Amendment and found that the words used simply could not be stretched to cover eavesdropping. That there was no trespass was not the determinative factor, and indeed the Court in citing Hester v. United States, 265 U.S. 57, 44 S.Ct. 445, 68 L.Ed. 898, indicated that even where there was a trespass the Fourth Amendment does not automatically apply to evidence obtained by ‘hearing or *369 sight.’ The Olmstead majority characterized Hester as holding ‘that the testimony of two officers of the law who trespassed on the defendant’s land, concealed themselves 100 yards away from his house, and saw him come out and hand a bottle 39
Page 1 and 2: UNIVERSITY OF THE DISTRICT OF COLUM
Page 3 and 4: article that appeared in the period
Page 5 and 6: incarcerated children in the Distri
Page 7 and 8: Section 3: Writing Exercise Section
Page 9 and 10: Opinion PERRY, J. 73 So.3d 34 Supre
Page 11 and 12: activities, or statements that he e
Page 13 and 14: damaged package and notified federa
Page 15 and 16: B. “Sniff Test” at a Private Ho
Page 17 and 18: was standing in front of the door,
Page 19 and 20: justified on the basis of reasonabl
Page 21 and 22: The probable cause affidavit listed
Page 23 and 24: unwavering expectation that there w
Page 25 and 26: otherwise prompt his dog to alert.
Page 27 and 28: (quoting State v. Morsman, 394 So.2
Page 29 and 30: society recognizes as reasonable. A
Page 31 and 32: obtained through the search is not
Page 33 and 34: without implicating the Fourth Amen
Page 35 and 36: [14] The Government contends, howev
Page 37: the President and Attorney General
Page 41 and 42: The other ‘eroding’ case cited
Page 43 and 44: 11 Jones v. United States, 362 U.S.
Page 45 and 46: 103 S.Ct. 2317 Supreme Court of the
Page 47 and 48: accompanying remedy. Here, for exam
Page 49 and 50: northbound on an interstate frequen
Page 51 and 52: inapplicable to the decision to iss
Page 53 and 54: L.Ed. 1879 (1949). Justice BRENNAN
Page 55 and 56: case. As the Court points out, “I
Page 57 and 58: forcefully suggest that the exclusi
Page 59 and 60: S.Ct., at 3073-3074. (WHITE, J., di
Page 61 and 62: law-enforcement officers have recog
Page 63 and 64: government enforcement agent.” Id
Page 65 and 66: advance an important underlying sub
Page 67 and 68: Americans must be that the Court gi
Page 69 and 70: 3 In Spinelli, police officers obse
Page 71 and 72: The only reference to Hereford’s
Page 73 and 74: v. United States, supra; Sibron v.
Page 75 and 76: susceptible to the interpretation t
Page 77 and 78: 8 Rugendorf v. United States, 376 U
Page 79 and 80: 104 S.Ct. 1652 Supreme Court of the
Page 81 and 82: will not be betrayed.” United Sta
Page 83 and 84: *126 In sum, the federal agents did
Page 85 and 86: and that search has not left incrim
Page 87 and 88: privacy in the presence or absence
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surrounding the use of the techniqu
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1437, 4 L.Ed.2d 1688 (1960); Henry
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26 See, e.g., Michigan v. Long, 463
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Rodriguez, 497 U.S. 177, 181, 110 S
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how relatively warm—Kyllo was hea
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concurring). To be sure, the homeow
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homeowner would even care if anybod
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4 This view comports with that of a
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unless the dog sniff itself infring
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probable cause to stop the car for
Page 109 and 110:
and, implicitly, the application of
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3 Kyllo was concerned with whether
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(500 grams and an unspecified amoun
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authority to allow police inside th
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AFFIRMED. We retain jurisdiction an
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that “[t]he right of the people t
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field” did not constitute a Fourt
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Government’s unrestrained power t
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y the government upon the privacy o
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own difficulties. It involves a deg
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search unless it is achieved by suc
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88 Or. L. Rev. 829 Oregon Law Revie
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hidden in open locations, such as f
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While the Place Court’s failure t
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location may be important in evalua
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III Framing the Canine Home-Sniff D
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seemingly making impermissible what
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possessions. Without minimizing the
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4. Even Surreptitious Canine Sniffs
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the sniff--to the satisfaction of a
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focused on the routineness of the a
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6 See People v. Dunn, 564 N.E.2d 10
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27 See Robert C. Bird, An Examinati
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323 (Friedrich G. Barth et al. eds.
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pre-Place decisions issued by the U
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97 See Illinois v. Caballes, 543 U.
Page 161 and 162:
121 Id. at 37 n.4 (majority opinion
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147 462 U.S. 696 (1983). 148 See in
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171 Dunaway v. New York, 442 U.S. 2
Page 167 and 168:
199 As Justice Souter explained,
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to school). 219 Cf. Katz & Golembie
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240 See Kyllo v. United States, 533
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263 In 2004, photographs emerged th
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285 Id. at 1362. The story of this
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306 But cf. Fitzgerald v. State, 86
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328 Riley, 488 U.S. at 448 (observi
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1 Search & Seizure § 2.3 (4th ed.)
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establish a right to privacy therei
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were locked and could only be opene
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The Wright rule also should not be
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to investigate. Noting that a metal
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active domestic use. It housed ten
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Ciraolo,191 involving aerial survei
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ackyard of the building was complet
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feet. The viewing from the helicopt
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cases as Ciraolo, Riley and Dow man
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premises were abandoned where all c
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22 Young v. Harrison, 284 F.3d 863
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37.1 McKenney v. Harrison, 635 F.3d
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(1983); State v. Eddy, 519 A.2d 113
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68 Dinkens v. State, 291 So.2d 122
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eceived no answer to knock on front
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870 (1987). In such a case, the fac
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“Second, the agents had a legal r
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131 United States v. Llanes, 398 F.
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167 The reference is to the “open
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however by fact lights were on insi
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properly crossed defendant’s land
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view”); State v. Merrill, 252 Neb
Page 227 and 228:
the area within the ‘curtilage’
Page 229 and 230:
is not to conclude that a search of
Page 231:
265 Such analysis was challenged by
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