Katz v. United States, 389 U.S. 347 (1967)

Facts

Katz was placing a telephone call in a phone booth which was being monitored by federal agents.  A listening and recording device was attached to the phone booth to record Katz’s end of the conversation.

Procedural History

Katz was charged with transmitting wagering information by telephone and the evidence of his phone calls was allowed, over his objection.  Katz was convicted and the Court of Appeals affirmed.

Issue(s)

Does the Fourth Amendment protection against illegal searches extend to telephone conversations made while in a telephone booth?

Holding(s)

Yes.

Reasoning/Analysis

The Court found that regardless of whether Katz could be seen through the telephone booth, he did not shed his right to make phone calls from where he could be seen.  It is clear the surveillance was so narrowly circumscribed that a duly authorized magistrate could constitutionally authorized a warrant.  The Court has never sustained a search upon the sole ground that officers reasonably expected to find evidence of a particular crime and voluntarily confined their activities to the least intrusive means consistent with that end.  The touchstone of Amendment analysis is the question of whether a person has a constitutionally protected reasonable expectation of privacy.

Judgment/Outcome

The Court reversed the judgment of the Court of Appeals.