Homework Help

What is Justice Harlan’s formulation of the privacy test?

user profile pic

iaseas | Student, Undergraduate | eNoter

Posted October 27, 2011 at 8:26 AM via web

dislike 1 like

What is Justice Harlan’s formulation of the privacy test?

3 Answers | Add Yours

user profile pic

pohnpei397 | College Teacher | (Level 3) Distinguished Educator

Posted October 27, 2011 at 8:39 AM (Answer #1)

dislike 3 like

I assume that you are talking about the test that Harlan proposed in Katz v. United States for when a person has the right to privacy.

If so, Harlan proposed a two-pronged test.  First, he said that the person has to act as if they expect that they are in private.  In other words, if someone puts something out right in front of their window where everyone can see it, they are not acting as if they are in private.  Second, he said that this expectation has to be one that society is willing to recognize as valid.  For example, a person having a conversation in the middle of a crowd could not reasonably expect that the conversation would be private.

This was Harlan's privacy test, which was later adopted by the whole Court.

user profile pic

iaseas | Student, Undergraduate | eNoter

Posted October 27, 2011 at 9:46 AM (Answer #2)

dislike 1 like

Yes I'm talking about Katz v. U.S.

user profile pic

iaseas | Student, Undergraduate | eNoter

Posted October 28, 2011 at 3:14 AM (Answer #5)

dislike 0 like

Why did the majority of the Court reject the trespass doctrine for this case?

Join to answer this question

Join a community of thousands of dedicated teachers and students.

Join eNotes