Olmstead vs. United States - Term Paper Example

As the conversation obtained from such wiretaps was the evidence to decide this case and other similar cases like Green, Mcinnis and several others vs. United States, individually. All convicts were convicted on the same charges based on wiretap-recorded conversation. Based on this, the defendants were charged for violating National Prohibition Act by selling or importing as well as processing illegal liquors. However, as there was no approval for the installation of wiretaps in any of such cases, the evidence based on obtaining record of conversation from such illegally installed wiretaps was debatable and under question (1)Evidence was obtained from the use of private telephone conversation as disclosed by the wiretaps, illegally installed.

The question was put before the court if the use of such conversation as any evidence violates the recorded party’s rights under the Fourth and Fifth amendments of the constitution.While the court had a clear answer to the above question as a plain “NO”; it laid importance on the nature of conversation and not how it was obtained. The court further ruled that since none of the defendants was illegally forced to conduct those conversations. Therefore, the court upheld that there can be no evidence of any violation of their Fifth Amendment protection against self incrimination, while maintaining that the conversations were made voluntarily throughout.

Whereby the Fourth Amendment meaning refers to the search and seizure or arrest without warrant, the court ruled that in these cases no such action was present. Therefore, the court upheld that none of the evidences presented violated any rights of the defendants under the fourth amendment, as well. Moreover, there was no physical examination of any papers, any substantial, material effects or the home searches etc., involved in any of these cases.The