NCJ Number
7548
Journal
St John's Law Review Volume: 47 Issue: 1 Dated: (OCTOBER 1972) Pages: 10 46
Date Published
1972
Length
37 pages
Annotation
HISTORICAL DEVELOPMENT OF SUPREME COURT FOURTH AMENDMENT STANDARDS ON WARRANTLESS ELECTRONIC EAVESDROPPING.
Abstract
THE AUTHOR TRACES THE EVOLUTION OF SUPREME COURT DOCTRINES FROM OLMSTEAD V.U.S., WHERE THE COURT EXCLUDED WIRETAPPING FROM THE PROTECTION OF THE FOURTH AMENDMENT, THROUGH THE TRIALS FOR THE RELEASE OF THE PENTAGON PAPERS. GOVERNMENT JUSTIFICATIONS FOR WARRANTLESS WIRETAPES ARE EXAMINED, BEGINNING WITH F.D. ROSSEVELT'S MEMORANDUM WHICH AUTHORIZED THE PRACTICE DURING WORLD WAR TWO. THE DECISIONS WHICH REQUIRED WARRANTS BEFORE WIRETAPPING ARE ANALYZED, AS WELL AS THOSE WHICH REQUIRED THE DISCLOSURE OF THE TRANSCRIPTS OF TAPPED CONVERSATIONS TO DEFENSE COUNSEL. SPECIAL EMPHASIS IS GIVEN TO U.S.V. U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN, WHERE THE COURT PROHIBITED THE WARRANTLESS ELECTRONIC SURVEILLANCE OF DOMESTIC SUBVERSIVES.