Transcription of KATZ v. UNITED STATES. - Library of Congress
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KATZ v. UNITED STATES. - Library of Congress
katz v. UNITED v. UNITED TO THE UNITED states COURT OF APPEALS FORTHE NINTH 35. Argued October 17, December 18, was convicted under an indictment charging him withtransmitting wagering information by telephone across state linesin violation of 18 U. S. C. 1084. Evidence of petitioner's endof the conversations, overheard by FBI agents who had attachedan electronic listening and recording device to the outside of thetelephone booth from which the calls were made, was introducedat the trial. The Court of Appeals affirmed the conviction, find-ing that there was no Fourth Amendment violation since therewas "no physical entrance into the area occupied by" :1. The Government's eavesdropping activities violated theprivacy upon which petitioner justifiably relied while using thetelephone booth and thus constituted a "search and seizure" withinthe meaning of the Fourth Amendment. Pp. 350-353.(a) The Fourth Amendment governs not only the seizureof tangible items but extends as well to the recording of oral state-ments.
one's associations." NAACP v. Alabama, 357 U. S. 449, 462. The Third Amendment's prohibition against the unconsented peace-time quartering of soldiers protects another aspect of privacy from governmental intrusion. To some extent, the Fifth Amendment too "reflects the Constitution's concern for . . . ... .the right of each
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