Divergence of Interpretation of the Fourth Amendment in Criminal and Foreign Intelligence Surveillance Court Cases

Persistent Link:
http://hdl.handle.net/10150/579334
Title:
Divergence of Interpretation of the Fourth Amendment in Criminal and Foreign Intelligence Surveillance Court Cases
Author:
Montgomery, Katherine Margaret
Issue Date:
2015
Publisher:
The University of Arizona.
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.
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.
Type:
text; Electronic Thesis
Degree Name:
B.A.
Degree Level:
bachelors
Degree Program:
Honors College; Philosophy, Politics, Economics and Law
Degree Grantor:
University of Arizona
Advisor:
Rosati, Connie

Full metadata record

DC FieldValue Language
dc.language.isoen_USen
dc.titleDivergence of Interpretation of the Fourth Amendment in Criminal and Foreign Intelligence Surveillance Court Casesen_US
dc.creatorMontgomery, Katherine Margareten
dc.contributor.authorMontgomery, Katherine Margareten
dc.date.issued2015en
dc.publisherThe University of Arizona.en
dc.rightsCopyright © 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.description.abstractThis 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.en
dc.typetexten
dc.typeElectronic Thesisen
thesis.degree.nameB.A.en
thesis.degree.levelbachelorsen
thesis.degree.disciplineHonors Collegeen
thesis.degree.disciplinePhilosophy, Politics, Economics and Lawen
thesis.degree.grantorUniversity of Arizonaen
dc.contributor.advisorRosati, Connieen
All Items in UA Campus Repository are protected by copyright, with all rights reserved, unless otherwise indicated.