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Privacy Law

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Articles 301 - 303 of 303

Full-Text Articles in Law Enforcement and Corrections

The Criminal's Right Of Privacy Jun 1929

The Criminal's Right Of Privacy

Michigan Law Review

The dissent of Mr. Justice Brandeis in the famed wire tapping case has been of especial interest to those who are acquainted with his article in the Harvard Law Review in 1890 on "The Right of Privacy." The law has witnessed few more fascinating developments than the engrafting of this latter concept into the formula of justice, few more conspicuous examples of creative juristic effort. Concerning it Dean Pound has said: "What may almost be called the classical example (of creative activity) is the paper on the Right of Privacy in which Mr. Justice Brandeis, then at the bar, was …

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Telegraph, Telephone And Wireless-Tapping Jan 1928

Telegraph, Telephone And Wireless-Tapping

Michigan Law Review

A recent Federal case, Olmstead v. United States, suggests an interesting problem. Evidence obtained by Federal authorities, who tapped private telephone wires, was admitted in a criminal prosecution. It seems to be the general rule that fraudulently, wrongfully, or illegally procured evidence is admissible, if otherwise admissible. And certainly the courts have required telegraph companies to disclose messages to aid criminal prosecutions. Telegraph operators have been compelled to testify. And even where a state statute forbade disclosure of the message by the company, a subpoena duces tecum has compelled the production of a telegram to aid the courts. Testimony …

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Search Of Automobile Without Warrant--When Reasonable Jun 1925

Search Of Automobile Without Warrant--When Reasonable

Michigan Law Review

The enforcement of the National Prohibition Act has been responsible for raising the search and seizure question to a new height of importance. By Section 26 of that act, any officer discovering any person in the transportation of intoxicating liquors is to seize all such liquors being transported contrary to law. Obviously to secure a search warrant is impossible in the very nature of things the automobile, adapted to speed, is gone long before a warrant could be secured. And the employment of the automobile in the transportation of liquor is carried to such an extent that search and seizure …

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