Carpenter Should Replace Katz in Fourth Amendment Law

For more than 50 years, legal scholars, judges, attorneys, and law students have centered their analyses of the Fourth Amendment on the famous Katz test. It determines in most cases what a Fourth Amendment “search” is and, thereby, whether the amendment applies at all. The Katz test essentially asks whether an act of government surveillance has violated a person’s “reasonable expectation of privacy.” In practice, this standard is notoriously ambiguous and unhelpful. The Katz This article has been indexed from Lawfare