In Katz v. United States, Justice Harlan wrote a dissenting opinion in which he established a two-part test for a Fourth Amendment expectation of privacy.

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Justice Harlan wrote a concurring opinion, not a dissenting one, in which he proposed what became known as the two-pronged test for determining an expectation of privacy: a person must exhibit an actual (subjective) expectation of privacy, and the expectation must be one that society is prepared to recognize as reasonable.

In Katz V United States, Justice Harlan Wrote a Dissenting Opinion in Opinion