Potter Stewart

Name: Lanza v. New York — Opinion of the Court
Author: Potter Stewart

Lanza v. New York — Opinion of the Court

Summary

“Lanza v. New York — Opinion of the Court”, is a work by Potter Stewart. It explores elements such as petitioner, jail and the Fourth Amendment.

Quotes from Lanza v. New York — Opinion of the Court (Potter Stewart)

Potter Stewart, Lanza v. New York — Opinion of the Court

“ But to say that a public jail is the equivalent of a man's 'house' or that it is a place where he can claim constitutional immunity from search or seizure of his person, his papers, or his effects, is at best a novel argument. To be sure, the Court has been far from niggardly in construing the physical scope of Fourth Amendment protection. A business office is a protected area, [8] and so may be a store. [9] A hotel room, in the eyes of the Fourth Amendment, may become a person's 'house,' [10] and so, of course, may an apartment. [11] An automobile may not be unreasonably searched. ”

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Source: Wikisource

Potter Stewart, Lanza v. New York — Opinion of the Court

“ Here no such evidence was ever introduced in a prosecution against the petitioner. Rather, the petitioner was convicted for willfully refusing to answer the pertinent questions of a duly constituted legislative committee in the conduct of an authorized legislative investigation, after having been given immunity from prosecution. To hold that the petitioner could not constitutionally be convicted for refusing to answer such questions simply because they related to a conversation which had been unlawfully overheard by other state officials would thus be a completely unprecedented step. ”

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Source: Wikisource

Potter Stewart, Lanza v. New York — Opinion of the Court

“ The Fourth Amendment specifically insures the 'right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,' by federal officers. We may take it as settled that the Fourteenth Amendment gives to the people like protection against the conduct of the officials of any State. ”

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Source: Wikisource

Potter Stewart, Lanza v. New York — Opinion of the Court

“ Moreover, the record contains no basis for supposing that the committee would not have called the petitioner to testify, had it not been in possession of a transcript of the recorded jail conversation-assuming, arguendo, that such an attenuated connection would help the petitioner's case. See Costello v. United States, supra. Indeed, it is reasonable to infer that the petitioner would have been interrogated even if the transcript of the conversation had not existed. The committee knew of the suspicious circumstances surrounding the release of the petitioner's brother. ”

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Source: Wikisource

Potter Stewart, Lanza v. New York — Opinion of the Court

“ The petitioner's argument thus necessarily begins with two assumptions: that the visitors' room of a public jail is a constitutionally protected area, and that surreptitious electronic eavesdropping under certain circumstances may amount to an unreasonable search or seizure. ”

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Source: Wikisource

Potter Stewart, Lanza v. New York — Opinion of the Court

“ Lanza, please tell the committee the name of anybody with whom you spoke during the month of February 1957 about the restoration to parole of your brother Joseph Lanza.'↑ 'On February 5, 1957, your brother Joseph Lanza was arrested and returned to prison charged with a violation of parole. Tell the committee, please, any and all efforts extended by you to assist in obtaining the release of your brother Joseph Lanza on parole or his restoration to parole.'↑ 'Q. You say that you did not gather any material from the tapes upon which to predicate that question, Mr. Bauman? ”

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Source: Wikisource

Potter Stewart, Lanza v. New York — Opinion of the Court

“ A. I have said and I say, Mr. Direnzo, that that question as well as the previous one was not based upon any material in the tapes.↑ See note 5.↑ See note 1.↑ The others were the brother's wife and his lawyer. ”

Potter Stewart

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Quotes from Lanza v. New York — Opinion of the Court (Potter Stewart)

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