Katz v. United States · ¶27

In Silverman v. United States, 365 U. S. 505, we held that eavesdropping accomplished by means of an electronic device that penetrated the premises occupied by petitioner was a violation of the Fourth Amendment. That case established that interception of conversations reasonably intended to be private could constitute a “search and seizure,” and that the examination or taking of physical property was not required. This view of the Fourth Amendment was followed in Wong Sun v. United States, 371 U. S. 471, at 485, and Berger v. New York, 388 U. S. 41, at 51. Also compare Osborn v. United States, 385 U. S. 323, at 327. In Silverman we found it unnecessary to re-examine Goldman v. United States, 316 U. S. 129, which had held that electronic surveillance accomplished without the physical penetration of petitioner’s premises by a tangible object did not violate the Fourth Amendment. This case…

U. S. Reports, bound volume
U. S. Reports, volume 389, at 347 (Library of Congress) · transcription: Caselaw Access Project
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