The Prohibition Of The National Prohibition Act Essay

977 Words Mar 28th, 2016 4 Pages
Roy Olmstead was tried and convicted of being in violation of the national prohibition Act which prohibited the manufacture and distribution of alcohol in the US. Federal agents were able to make a substantial case against Roy Olmstead through the use of evidence garnered through judicial unapproved wiretaps placed on his phone line between his home and place of business. Olmstead appealed his guilty verdict claiming that the government gained evidence through actions which violated his 4th Amendment guarantees which protect against unreasonable search and seizures as well as violated his 5th Amendment guarantees against testifying against yourself. Olmstead was found guilty on appeal in the US appellate court and the case was moved to the US Supreme Court for further review.

The Law
The 4th Amendment guarantees which protects citizens from being subject to unreasonable search and seizures. The 5th amendment guarantees which prevent citizens from being forced to testify against themselves.

Legal Questions
Did the judicial unapproved wiretappings of Roy Olmstead phone violate his 4th amendment protections against unreasonable search and seizures? NO
Where the wiretappings used as evidence against Olmstead in violation of his 5th Amendment protection against testifying against one’s self? No

Opinion of the Court (Taft)
The 5th amendment is not way violated by the government as it was never made compulsory for Roy Olmsted to conduct phone conversations between his home…

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