FACTS:
Katz (the appellant) was convicted under an eight-count indictment, charged with transmitting wagering information by telephone from Los Angeles to Miami and Boston. The evidence, telephone conversations overheard by the FBI agents with an attached electronic listening and recording device, to the phone booth Katz used. The Court of Appeals rejected the contention that the recordings had been obtained in violation of the Fourth Amendment.
ISSUE
Was the warrantless surveillance of Katz’s conversation a violation of the Fourth Amendment, even though the government did not physically penetrate the telephone booth?
HOLDING
Wherever a man may be, he is entitled to know that he will