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Reason
Reason
Jacob Sullum

The Supreme Court's 'Reasonable Expectation of Privacy' Test Defies Expectations

When he was arrested in 1965, Charles Katz "was probably the preeminent college basketball handicapper in America." Or so says Harvey Schneider, who presumably should know, since he later represented Katz at the Supreme Court in a landmark Fourth Amendment case.

The Court's 1967 decision in Katz v. United States, which held that the Constitution's prohibition of "unreasonable searches and seizures" applies when people have a "reasonable expectation of privacy," continues to shape Fourth Amendment rulings six decades later. That was clear on June 29, when the Court decided Chatrie v. United States, holding that a government-ordered analysis of cellphone location data qualifies as a "search" under the Fourth Amendment.

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