Charles Katz Case Study

Cole Hawkins

February 11, 2016

A. Facts

In the United States Supreme Court case Katz v. United States, citizen Charles Katz used an enclosed public payphone for the sole purpose of transporting gambling wagers to multiple big cities (Boston, Miami, Los Angeles) across the United States. Unknowingly to Katz, the Federal Bureau of Intelligence (FBI) was recording his conversations the whole time. The FBI was able to do this because they were using what is called an electronic eavesdropping device, or a bug, and put it on the outside of the telephone booth in order to pick up and hear everything Katz was saying. Inevitably, Katz was convicted on the charges of transporting gambling wagers information, which is against federal law in the United States. Katz argued in the Court of Appeals that the evidence that was used to convict him was obtained illegally, in violation of the Fourth Amendment of the United States Constitution, which protects from unreasonable search and seizures as well as the privacy of individuals, and Katz felt as if his rights guaranteed by said amendment were being violated. Katz lost this case to the Court of Appeals for the ninth circuit of California to the FBI because the listening device was not physically inside of the phone booth; therefore there was no intrusion so it did not count as a search. The case was appealed to the Supreme Court of the United States and certiorari was granted.

Issue

Can the Fourth Amendment be extended as far as to where it protects the rights of phone calls and conversations, and whether or not Katz had a reasonable expectation of privacy in an enclosed telephone booth in