Divergence of Interpretation of the Fourth Amendment in Criminal and Foreign Intelligence Surveillance Court Cases
| dc.contributor.advisor | Rosati, Connie | en |
| dc.contributor.author | Montgomery, Katherine Margaret | |
| dc.creator | Montgomery, Katherine Margaret | en |
| dc.date.accessioned | 2015-10-05T22:26:34Z | en |
| dc.date.available | 2015-10-05T22:26:34Z | en |
| dc.date.issued | 2015 | en |
| dc.identifier.citation | Montgomery, Katherine Margaret. (2015). Divergence of Interpretation of the Fourth Amendment in Criminal and Foreign Intelligence Surveillance Court Cases (Bachelor's thesis, University of Arizona, Tucson, USA). | |
| dc.identifier.uri | http://hdl.handle.net/10150/579334 | en |
| dc.description.abstract | This thesis analyses Supreme Court cases on the Fourth Amendment and Foreign Intelligence Supreme Court cases. By summarizing the development of Fourth Amendment case law and providing an overview of electronic surveillance and the creation of the Foreign Intelligence Surveillance Court, I will show how the warrant clause is applied differently in the FISA court then in normal jurisprudence. I argue that the fall of the trespass doctrine and establishment of the reasonable expectation of privacy test in Katz v. United States, as well as the establishment of the "special needs" exception to the warrant clause in New Jersey v. T.L.O, has resulted in FISC warrants that do not meet the probable cause standards for criminal warrants. | |
| dc.language.iso | en_US | en |
| dc.publisher | The University of Arizona. | en |
| dc.rights | Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author. | en |
| dc.rights.uri | http://rightsstatements.org/vocab/InC/1.0/ | |
| dc.title | Divergence of Interpretation of the Fourth Amendment in Criminal and Foreign Intelligence Surveillance Court Cases | en_US |
| dc.type | text | en |
| dc.type | Electronic Thesis | en |
| thesis.degree.grantor | University of Arizona | en |
| thesis.degree.level | bachelors | en |
| thesis.degree.discipline | Honors College | en |
| thesis.degree.discipline | Philosophy, Politics, Economics and Law | en |
| thesis.degree.name | B.A. | en |
| refterms.dateFOA | 2018-06-19T06:05:38Z | |
| html.description.abstract | This thesis analyses Supreme Court cases on the Fourth Amendment and Foreign Intelligence Supreme Court cases. By summarizing the development of Fourth Amendment case law and providing an overview of electronic surveillance and the creation of the Foreign Intelligence Surveillance Court, I will show how the warrant clause is applied differently in the FISA court then in normal jurisprudence. I argue that the fall of the trespass doctrine and establishment of the reasonable expectation of privacy test in Katz v. United States, as well as the establishment of the "special needs" exception to the warrant clause in New Jersey v. T.L.O, has resulted in FISC warrants that do not meet the probable cause standards for criminal warrants. |
