KATZ V. UNITED STATES
389 U.S. 347 (1967)
NATURE OF THE CASE: This is an appeal from a conviction for illegal betting over the phone. D appealed a conviction under an indictment charging him with transmitting wagering information by telephone across state lines in violation of 18 U.S.C. 1084. The Court of Appeals affirmed the conviction, finding that there was no Fourth Amendment violation since there was 'no physical entrance into the area occupied by' petitioner. The Supreme Court granted certiorari.
FACTS: The government (P) thought that Katz (D) was transmitting by phone, from a public phone booth, information related to illegal gambling activities. Although no warrant was sought or received, officers intercepted and recorded D's side of the phone conversations with an electronic listening device attached to the outside of the booth. At trial, over D's objections, these recordings were introduced as evidence. D was convicted. The appellate court affirmed. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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