What are the two prongs of the Katz Reasonable Expectation of Privacy test?

What are the two prongs of the Katz Reasonable Expectation of Privacy test?

• A. Actual knowledge and consent
• B. Physical access and duration
• C. Legal ownership and control
• D. Actual subjective expectation of privacy; society's recognition as reasonable

Answer: (D)

The main idea being tested is how the Fourth Amendment’s privacy protections are judged. Katz set up a two-part standard: first, the person must have an actual subjective expectation of privacy, a personal belief that what they are doing or sharing is private. Second, society must recognize that expectation as reasonable; in other words, the expectation must be one that a typical person would consider appropriate and that the law recognizes as reasonable. Together, these two prongs determine whether a government intrusion constitutes a search. Context helps: Katz shifted focus from property or physical intrusion to the person’s privacy expectations, which is why a private phone call in a phone booth was considered protected. The best answer reflects both the internal belief in privacy and the external, socially recognized legitimacy of that belief.

The main idea being tested is how the Fourth Amendment’s privacy protections are judged. Katz set up a two-part standard: first, the person must have an actual subjective expectation of privacy, a personal belief that what they are doing or sharing is private. Second, society must recognize that expectation as reasonable; in other words, the expectation must be one that a typical person would consider appropriate and that the law recognizes as reasonable. Together, these two prongs determine whether a government intrusion constitutes a search.

Context helps: Katz shifted focus from property or physical intrusion to the person’s privacy expectations, which is why a private phone call in a phone booth was considered protected. The best answer reflects both the internal belief in privacy and the external, socially recognized legitimacy of that belief.