In Katz v. United States (1967), the Supreme Court established that the Fourth Amendment protects individuals' reasonable expectations of privacy, not just physical spaces; the Court ruled that FBI recordings of Charles Katz's gambling conversations in a closed telephone booth constituted an unlawful search because Katz had a subjective expectation of privacy that society recognizes as reasonable, thereby creating the two-part test requiring both actual expectation of privacy and societal recognition of its reasonableness to determine Fourth Amendment protection.
Katz v. United States: The Reasonable Expectation of Privacy (Fourth Amendment) | FLETC
Added:♪ Music Playing ♪ In February 1965 Charles Katz left his apartment, walked to a pay telephone booth on the famous Sunset Strip in Los Angeles, California, and radically changed the way we understand the Fourth Amendment.
Katz was a basketball handicapper and by all accounts a very good one.
On that fateful day in February, he entered the telephone booth, closed the door behind him, dropped a coin in the slot and called Miami and Boston to place bets on college basketball.
By uttering phrases like “Duquesne minus seven for a nickel!” Katz committed a federal crime.
Unfortunately for Mr. Katz, the FBI was on to him, and they had placed a microphones on top of that phone booth to record his side of the conversation.
That recording, “Duquesne minus seven for a nickel!” and others were played at his trial, and he was convicted.
Katz had sought unsuccessfully to suppress this evidence at trial, because the FBI agents did not obtain a search warrant before they recorded his conversations.
Katz appealed his case all the way to the United States Supreme Court.
He asked the Court to suppress the evidence of his illegal gambling, claiming the government violated his Fourth Amendment rights when the agents attached the electronic listening and recording devices to the top of that telephone booth.
The language of the Fourth Amendment did not seem to be helpful to Katz.
The Fourth Amendment states that people have a right to be secure in their persons, houses, papers and effects.
The telephone booth was none of these things.
Further, the government never physically searched Katz or his property and they did not seize anything, they merely recorded and listened to him betting on games.
But in a 7 to 1 decision, the Supreme Court suppressed the recordings and expanded the scope of the Fourth Amendment.
The Supreme Court explained that the Fourth Amendment’s focus is not on places, but on people.
The Court found that the Fourth Amendment relates to privacy and that it can apply to protecting both tangible things like property and non-tangible things like the recording of conversations.
The main issue for the court, was whether the government intruded into something tht a person intended to keep private.
Justice Harlan, in a now famous concurring opinion, explained the twofold test to determine when the Fourth Amendment affords protection.
First, has the person exhibited an actual or subjective expectation of privacy?
Second, is that expectation one that society is prepared to recognize as reasonable?
If both questions are answered “yes” then the government intrusion is a search under the Fourth Amendment.
Although the word privacy is not written into the Fourth Amendment, or mentioned anywhere else in the Constitution, the Supreme Court emphasized that the Fourth Amendment is connected to a reasonable expectation of privacy.
For Katz, this was a winning bet.
The Court found, that when he “occupied the telephone booth and shuts the door behind him, and pays the toll that permits him to place a call,” he was “entitled to assume his conversation was not being intercepted.” It did not matter that the phone booth had windows or that people on the street could see him.
Since he closed the door of the booth, he expected privacy in what he was saying, and the court found that that expectation of privacy was reasonable.
Since Katz had a reasonable expectation of privacy in his telephone conversation, the government needed to get a search warrant, or have an exception to the warrant requirement, in order to listen and record the phone call.
Since 1967, a law enforcement officer conducts a search anytime they intrude upon an area where a person has a “reasonable expectation of privacy.” This test, R.E.P, has allowed Courts to determine that Fourth Amendment protections extend to many areas that once had no protection at all, including wiretaps, video only surveillance and recently the long term tracking of our physical movements.
Shortly after Katz, Congress passed a statute, that we now refer to as Title III, to make it even more difficult to obtain court permission to wiretap phone conversations.
But the two part test for a Katz search lives on.
Today, The Fourth Amendment clearly protects areas where a person has a subjective expectation of privacy when that expectation of privacy is reasonable.
Every officer in America knows that R.E.P.
stands for a reasonable expectation of privacy.
And all of this happened because a gambler in Los Angeles decided to place a bet.
Now what are the odds of that?
I’m Patrick Walsh, and this has been a FLETC Talk.
♪ Music Playing ♪
Up Next

Fourth Amendment Privacy Gaps Exposed: Open Fields Doctrine Analysis
@InstituteForJustice
293.1K views•2024-05-16

Young Thug YSL Trial: Legal Arguments on RICO Evidence and Confrontation Clause Issues in Court
@11Alive
13.7K views•2024-05-16

Forensic Phonetics: Speaker Identification in Legal Cases
@nptel-nociitm9240
539 views•2025-03-19

Police Interrogation Tactics: False Confessions & Legal Reform
@LastWeekTonight
7M views•2022-04-18
Related Study Plans & Knowledge Roadmaps
Structured learning paths in Law



























