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.