Case Citation: Katz V Us Essay

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Katz v US 389 US 347 (1967) PROCEDURAL HISTORY: - Katz was convicted under a fed. statute of transmitting wagering info by a telephone across state lines. (boston, massachusetts, and miami, florida) - court of appeals affirmed conviction - supreme court granted cert. and reversed conviction FACTS: - katz was seen using 3 bank telephone booths during certain hours and on a daily basis ( never used any other booth) - Feb 19-25 @ set hours, Special Agents from the FBI placed microphones in 2 booths used by katz since the 3rd one was out of order - conversations were about Katz placed bets and obtaining gambling info - @ trial, evidence was introduced - Katz wanted to suppress evidence under the 4th amendment - petition to suppress was denied - court of appeal rejected the disagreement that evidence was inadmissible. - cert was granted ISSUE: - Did the FBI violated Katz 4th Amendment Right? (to privacy) HOLDING: - Yes REASONING: - The phone booth should be considered protected when doors are shut but the 4th amend. protects persons not places from unreasonable intrusion. In a public place, a person can have that reasonable expectation (but isn't protected because of plain view) Since the government was electronically listening and recording the conversation, it is constituted as a search & seizure. Under the 4th amend., the absence of a warrant during a search & seizure (they had probable cause as well) evidence should of been inadmissible. DISPOSITION: - Court ruled 7-1 in favor of Katz. J.Black filed a dissenting opinion. J. Marshall didn't participate in the vote. J.Stewart wrote "one who shuts the door behind him, pays tikes, he is surely entitled to assume that the words he says into the mouthpiece will not be broadcasted to the world." Basically saying "shutting the door" the person intends for their conversation to be private.

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