<P> Fourth Amendment protections expanded significantly with Katz v. United States (1967). In Katz, the Supreme Court expanded that focus to embrace an individual's right to privacy, and ruled that a search had occurred when the government wiretapped a telephone booth using a microphone attached to the outside of the glass . While there was no physical intrusion into the booth, the Court reasoned that: 1) Katz, by entering the booth and shutting the door behind him, had exhibited his expectation that "the words he utters into the mouthpiece will not be broadcast to the world"; and 2) society believes that his expectation was reasonable . Justice Potter Stewart wrote in the majority opinion that "the Fourth Amendment protects people, not places". A "search" occurs for purposes of the Fourth Amendment when the government violates a person's "reasonable expectation of privacy". Katz's reasonable expectation of privacy thus provided the basis to rule that the government's intrusion, though electronic rather than physical, was a search covered by the Fourth Amendment, and thus necessitated a warrant . The Court said that it was not recognizing any general right to privacy in the Fourth Amendment, and that this wiretap could have been authorized if proper procedures had been followed . </P> <P> This decision in Katz was later developed into the now commonly used two - prong test, adopted in Smith v. Maryland (1979), for determining whether a search has occurred for purposes of the Fourth Amendment: </P> <Ol> <Li> a person "has exhibited an actual (subjective) expectation of privacy"; and </Li> <Li> society is prepared to recognize that this expectation is (objectively) reasonable . </Li> </Ol> <Li> a person "has exhibited an actual (subjective) expectation of privacy"; and </Li>

Under the fourth amendment a search is a(n)
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