1 which of the following does not result in a decision rendered by the hearing officer

United States, U. While I join the opinion of the Court, I feel compelled to reply to the separate concurring opinion of my Brother WHITE, which I view as a wholly unwarranted green light for the Executive Branch to resort to electronic eavesdropping without a warrant in cases which the Executive Branch itself labels "national security" matters.

1 which of the following does not result in a decision rendered by the hearing officer

United States, U. While I join the opinion of the Court, I feel compelled to reply to the separate concurring opinion of my Brother WHITE, which I view as a wholly unwarranted green light for the Executive Branch to resort to electronic eavesdropping without a warrant in cases which the Executive Branch itself labels "national security" matters.

Neither the President nor the Attorney General is a magistrate. In matters where they believe national security may be involved, they are not detached, disinterested, and neutral as a court or magistrate must be.

Under the separation of powers created by the Constitution, the Executive Branch is not supposed to be neutral and disinterested. Rather it should vigorously investigate Page U. The President and Attorney General are properly interested parties, cast in the role of adversary, in national security cases.

They may even be the intended victims of subversive action. Since spies and saboteurs are as entitled to the protection of the Fourth Amendment as suspected gamblers like petitioner, I cannot agree that, where spies and saboteurs are involved adequate protection of Fourth Amendment rights is assured when the President and Attorney General assume both the position of "adversary and prosecutor" and disinterested, neutral magistrate.

There is, so far as I understand constitutional history, no distinction under the Fourth Amendment between types of crimes. But the Fourth Amendment draws no lines between various substantive offenses.

The arrests in cases of "hot pursuit" and the arrests on visible or other evidence of probable cause cut across the board, and are not peculiar to any kind of crime. I would respect the present lines of distinction, and not improvise because a particular crime seems particularly heinous.

When the Framers took that step, as they did with treason, the worst crime of all, they made their purpose manifest. I join the opinion of the Court, which I read to hold only a that an enclosed telephone booth is an area where, like a home, Weeks v.

As the Court's opinion states, "the Fourth Amendment protects people, not places.

1 which of the following does not result in a decision rendered by the hearing officer

Generally, as here, the answer to that question requires reference to a "place. On the other hand, conversations in the open would not be protected against being overheard, for the expectation of privacy under the circumstances would be unreasonable.

The critical fact in this case is that "[o]ne who occupies it, [a telephone booth] shuts the door behind him, and pays the toll that permits him to place a call is surely entitled to assume" that his conversation is not being intercepted.

Ante at U. The point is not that the booth is "accessible to the public" at other times, ante at U. This view of the Fourth Amendment was followed in Wong Sun v. New York, U. Also compare Osborn v.

In Silverman, we found it unnecessary to reexamine Goldman v.

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This case requires us to reconsider Goldman, and I agree that it should now be overruled. Finally, I do not read the Court's opinion to declare that no interception of a conversation one-half of which occurs in a public telephone booth can be reasonable in the absence of a warrant.in the labour appeal court of south africa, johannesburg not reportable.

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1 which of the following does not result in a decision rendered by the hearing officer

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