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  1. Katz v. United States, 389 U.S. 347 (1967), was a landmark decision of the U.S. Supreme Court in which the Court redefined what constitutes a "search" or "seizure" with regard to the protections of the Fourth Amendment to the U.S. Constitution. [ 1 ][ 2 ] The ruling expanded the Fourth Amendment's protections from an individual's "persons ...

  2. Mar 23, 2017 · Following is the case brief for Katz v. United States, 389 U.S. 347 (1967). Case Summary of Katz v. United States: The FBI, using a device attached to the outside of a telephone booth, recorded petitioner’s phone conversations while in the enclosed booth. Petitioner was subsequently convicted of making wagering calls in violation of federal law.

  3. Based on recordings of his end of the conversation, Katz was convicted for illegal gambling. Katz argued that the government violated the Fourth Amendment by listening in on his conversation. As public phone booths and electronic communications became more common in American life, the Supreme Court had to determine whether and how to apply a ...

    • Facts of The Case
    • Constitutional Questions
    • Arguments
    • Majority Opinion
    • Dissenting Opinion
    • Impact
    • Sources

    On February 4, 1965, agents from the Federal Bureau of Investigation began surveilling Charles Katz. They suspected him of playing a role in an illegal gambling operation. Over the course of two weeks, they observed him frequently using a public payphone and believed he was transmitting information to a known gambler in Massachusetts. They confirme...

    The Fourth Amendmentstates that people have the right, “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” The Fourth Amendment protects more than just physical property. It protects things that aren’t tangible, like conversations. Does the use of a wiretap to listen in on a private conversation...

    Attorneys representing Katz argued that the phone booth was a “constitutionally protected area” and officers physically penetrated this area by placing a listening device on it. That device then allowed officers to listen in on Katz’s conversation, a clear violation of his right to privacy. When officers physically intruded on the phone booth, thei...

    Justice Stewart delivered the 7-1 decision in favor of Katz. Whether or not police physically intruded upon a “constitutionally protected area” is irrelevant to the case, Justice Stewart wrote. What matters is whether Katz had a reasonable belief that his phone call would be private inside the booth. The Fourth Amendment “protects people not places...

    Justice Black dissented. He argued first that the Court’s decision was too broad and took too much meaning away from the Fourth Amendment. In Justice Black’s opinion, wiretapping was closely related to eavesdropping. Forcing officers to obtain a warrant in order to “overhear future conversations” was not only unreasonable but inconsistent with the ...

    Katz v. United laid the groundwork for the “reasonable expectation of privacy” test that is still used today when determining whether police needed a warrant in order to conduct a search. Katz extended protections against unreasonable searches and seizures to electronic wiretapping devices. Most importantly, the Court acknowledged the evolution of ...

    Katz v. United States, 389 U.S. 347 (1967).
    Olmstead v. United States, 277 U.S. 438 (1928).
    Kerr, Orin S. “Four Models of Fourth Amendment Protection.” Stanford Law Review, vol. 60, no. 2, Nov. 2007, pp. 503–552., http://www.stanfordlawreview.org/wp-content/uploads/sites/3/2010/04/Kerr.pdf.
    “If These Walls Could Talk: The Smart Home and the Fourth Amendment Limits of the Third Party Doctrine.” Harvard Law Review, vol. 30, no. 7, 9 May 2017, https://harvardlawreview.org/2017/05/if-thes...
    • Elianna Spitzer
  4. United States, 389 U.S. 347 (1967)Katz v. United StatesNo. 35Argued October 17, 1967Decided December 18, 1967 389 U.S. 347 CERTIORARI TO THE UNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUITSyllabus Petitioner was convicted under an indictment charging him with transmitting wagering information by telephone across state lines in violation of ...

  5. With this decision the Court has completed, I hope, its rewriting of the Fourth Amendment, which started only recently when the Court began referring incessantly to the Fourth Amendment not so much as a law against unreasonable searches and seizures as one to protect an individual's privacy. By clever word juggling the Court finds it plausible to argue that language aimed specifically at ...

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  7. Oct 3, 2024 · Since 1967, the “reasonable expectation of privacy” test has become the basic constitutional guide for citizens, law enforcement officers, and courts in interpreting the Fourth Amendment. In more recent years, however, the Court declared—for example, in US v. Jones (2012) —that Katz had not actually eliminated the trespass doctrine but ...

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