Tag: Constitutional Law

Privacy Chapter I – Or why a phone booth is a terrible place to change clothes

by on Aug.02, 2009, under Constitutional Law, Criminal Law, Torts

Batman plants a tracker on your car as you make your getaway; Superman uses his x-ray vision to find stolen goods in your house; and Professor Xavier telepathically extracts your confession; if you’re a criminal Superheros are constantly invading your privacy in the name of “justice.” What’s worse is that some of the citizens who have their privacy invaded aren’t criminals they’re just caught in the crossfire. Assuming you could serve a subpoena on the Hall of Justice or the Xavier School (and actually enforce a summons) what would your remedy be for these intrusions? If you weren’t able to go after the heroes themselves would there be any legal redress in your impending court case or could you even have a case against the government?

Your course of action in these matters depends on the nature of the crime-fighter as either a government actor or a vigilante. If your captor was a government actor the invasion of your privacy may lead to the exclusion of evidence from your criminal case; if a vigilante was involved your next step is a private tort action against the hero.
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