Katz v. United States · ¶35
The first clause protects “persons, houses, papers, and effects, against unreasonable searches and seizures....” These words connote the idea of tangible things with size, form, and weight, things capable of being searched, seized, or both. The second clause of the Amendment still further establishes its Framers’ purpose to limit its protection to tangible things by providing that no warrants shall issue but those “particularly describing the place to be searched, and the persons or things to be seized.” A conversation overheard by eavesdropping, whether by plain snooping or wiretapping, is not tangible and, under the normally accepted meanings of the words, can neither be searched nor seized. In addition the language of the second clause indicates that the Amendment refers not only to something tangible so it can be seized but to something already in existence so it can be described.…Read in context ›
U. S. Reports, bound volume
U. S. Reports, volume 389, at 347 (Library of Congress) · transcription: Caselaw Access Project
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