ABSTRACT

Olmstead V. United States, 277 US 438, was a momentous US Supreme Court decision in which the Court held five–four that private telephone conversations could be wiretapped by law enforcement officials without violating the Fourth and Fifth Amendments to the US Constitution. Chief Justice William Howard Taft wrote the majority opinion in this decision that would stand for almost four decades. The federal government was investigating the illegal possession, transportation, and importing of alcohol in violation of the National Prohibition Act. According to Chief Justice Taft and his "no trespass" doctrine, neither the Fourth nor the Fifth Amendment was violated because no actual, physical intrusion into Olmstead's home or place of business took place. Brandeis reasoned that since the government had no power to search a sealed envelope to read an individual's letter, it lacked legitimate authority to invade the privacy of a telephone conversation.