458Katz+v+U.S. - Katz v United States Supreme Court of the...

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Katz v. United States Supreme Court of the United States, 1967 389 U.S. 347 Facts: The petitioner, Mr. Katz, was convicted of eight counts of transmitting wagering information by telephone from Los Angeles, California to Miami, Florida and Boston Massachusetts. At the trial the government was permitted to introduce evidence of Mr. Katz’s telephone conversation that was overheard by two FBI agents using an electronic listening and recording device attached to the public phone booth used by Mr. Katz’s to conduct his business. Mr. Katz protested that the phone booth was a ‘protected area’ and the recording was unlawful search and seizure under the fourth amendment. The Court of Appeals rejected this notion since ‘there was no physical entrance into the area occupied by Mr. Katz’. Issue: How far does the fourth amendment protection against unreasonable search and seizure extend – into public spaces or just within a home? Does a search have to intrude on a physical space to be classified as a search? Holding:
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