Content deleted Content added
No edit summary Tags: Mobile edit Mobile app edit Android app edit |
Daniel Case (talk | contribs) →People v. Scott: +pic of posted cornfield in NY |
||
Line 160:
Prior to 1938 New York, Hancock noted, had restricted searches and seizures only at the statutory level. When the state constitution was amended that year, in addition to language similar to that of the Fourth Amendment that had long been in the statute, it included a provision explicitly including telecommunications under the same warrant requirements, a reaction to the U.S. Supreme Court's ''[[Olmstead v. United States|Olmstead]]'' case a decade earlier, which had held that police did not need a warrant for [[wiretap]]ping telephones since that took place far from the property of those communicating over them. Therefore, according to Hancock, it did not follow that the state constitution should or could be interpreted in the same way the ''Oliver'' Court had interpreted the federal constitution.<ref name="Scott II 486" />
[[File:Posted sign in front of cornfield, Red Hook, NY.jpg|thumb|right|A posted cornfield in New York]]
Hancock turned to the second part of the ''Katz'' test: whether Scott's interest in his privacy asserted by posting his property was objectively reasonable. The ''Oliver'' majority had dismissed the idea, pointing instead to social consensus as where to look, but, the judge wrote:
{{quote|We believe that under the law of this State the citizens are entitled to more protection. A constitutional rule which permits State agents to invade private lands for no reason at all — without permission and in outright disregard of the owner's efforts to maintain privacy by fencing or posting signs — is one that we cannot accept as adequately preserving fundamental rights of New York citizens.<ref name="Scott II 486" />}}
| |||