Intelligence Activities--Senate Resolution 21: Hearings Before the Select Committee to Study Governmental Operations with Respect to Intelligence Activities of the United States Senate, Ninety-fourth Congress, First Session ...U.S. Government Printing Office, 1976 |
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Сторінка 75
... reasonableness of the expectation , that is , on an objective , factual estimation of a risk of intrusion under given circumstances , joined with an actual expectation of privacy by the person involved in a particular case . But it is ...
... reasonableness of the expectation , that is , on an objective , factual estimation of a risk of intrusion under given circumstances , joined with an actual expectation of privacy by the person involved in a particular case . But it is ...
Сторінка 76
... reasonableness of the measures taken to ensure that the intrusion was limited to the extent practicable , and most importantly , the fact that the primary objective of the search was not to obtain evidence for a criminal investigation ...
... reasonableness of the measures taken to ensure that the intrusion was limited to the extent practicable , and most importantly , the fact that the primary objective of the search was not to obtain evidence for a criminal investigation ...
Сторінка 77
... reasonableness of searches , whether with or with- out warrant . The traditional formulation of the standard , as ... reasonableness " of a search may have been defined according to the traditional probable cause standard , the situation ...
... reasonableness of searches , whether with or with- out warrant . The traditional formulation of the standard , as ... reasonableness " of a search may have been defined according to the traditional probable cause standard , the situation ...
Сторінка 78
... reasonableness as it has developed in the Court's decisions is sufficiently flexible to recognize this . Just as the reasonableness standard of the Amendment's first clause has taken content from the probable clause standard , so it has ...
... reasonableness as it has developed in the Court's decisions is sufficiently flexible to recognize this . Just as the reasonableness standard of the Amendment's first clause has taken content from the probable clause standard , so it has ...
Сторінка 79
... reasonableness , I have necessarily described the evolving standards for issuing warrants and the standards governing their scope . But I have not yet discussed the warrant requirement itself - how it relates to the reasonableness ...
... reasonableness , I have necessarily described the evolving standards for issuing warrants and the standards governing their scope . But I have not yet discussed the warrant requirement itself - how it relates to the reasonableness ...
Загальні терміни та фрази
ALLEN American citizens Attorney General LEVI authority believe black bag jobs BNDD BUFFHAM Bureau CHAIRMAN committee communications intelligence concern conducted CONGRESS THE LIBRARY constitutional crime criminal Director disclosure domestic drugs electronic surveillance evidence executive branch executive session foreign agent foreign power FORT GEORGE G fourth amendment Government HART of Colorado HEYMANN important individual intelligence activities interception interest intrusion investigation involved judicial warrant Justice Justice Powell LIBRARY OF CONGRESS matter ment messages narcotics National Security Agency obtain foreign intelligence officer organizations persons President Presidential probable cause procedures protect question reasonableness request Secret Service Secretary of Defense Senator GOLDWATER Senator HART Senator HUDDLESTON Senator MATHIAS Senator MONDALE Senator MORGAN Senator SCHWEIKER Senator TOWER SIGINT signals intelligence statement statute Supreme Court telephone wiretapping tion Tordella traffic U.S. citizens United USIB warrant requirement watch list activity writ of assistance
Популярні уривки
Сторінка 73 - Government, the right to be let alone — the most comprehensive of rights and the right most valued by civilized men.
Сторінка 70 - Nor shall anything contained in this chapter be deemed to limit the constitutional power of the President to take such measures as he deems necessary to protect the United States against the overthrow of the Government by force or other unlawful means, or against any other clear and present danger to the structure or existence of the Government.
Сторінка 85 - ... to secure information by listening devices directed to the conversation or other communications of persons suspected of subversive activities against the Government of the United States, including suspected spies.
Сторінка 102 - Over and again this Court has emphasized that the mandate of the [Fourth] Amendment requires adherence to judicial processes," United States v. Jeffers, 342 US 48, 51, and that searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment — subject only to a few specifically established and well-delineated exceptions.
Сторінка 18 - Nothing contained in this chapter or in section 605 of the Communications Act of 1934 (48 Stat. 1143; 47 USC 605) shall limit the constitutional power of the President to take such measures as he deems necessary to protect the Nation against actual or potential attack or other hostile acts of a foreign power, to obtain foreign intelligence information deemed essential to the security of the United States, or to protect national security information against foreign intelligence activities.
Сторінка 102 - ... the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime. Any assumption that evidence sufficient to support a magistrate's disinterested determination to issue a search warrant will justify the officers in making a search without a warrant would reduce the Amendment...
Сторінка 79 - Amendment accepts, is that unreviewed executive discretion may yield too readily to pressures to obtain incriminating evidence and overlook potential invasions of privacy and protected speech.
Сторінка 73 - A sane, decent, civilized society must provide some such oasis, some shelter from public scrutiny, some insulated enclosure, some enclave, some inviolate place which is a man's castle.40 40 United States v.
Сторінка 92 - It appears to me the worst instrument of arbitrary power, the most destructive of English liberty and the fundamental principles of law, that ever was found in an English law book.
Сторінка 72 - Every man of an immense crowded audience appeared to me to go away as I did, ready to take arms against writs of assistance. Then and there was the first scene of the first act of opposition to the arbitrary claims of Great Britain. Then and there the child Independence was born.