POLITICAL SURVEILLANCE AND POLICE INTELLIGENCE GATHERING - RIGHTS, WRONGS, AND REMEDIES

• NCJ Number: 5126
• Journal: Wisconsin Law Review Issue: 1 Dated: (1972) Pages: 175-199
• Author(s): R EHLKE
• Date Published: 1972
• Length: 25 pages
• Corporate Author: University of Wisconsin-Madison
• Publication Format: Article
• Note: *This document is currently unavailable from NCJRS.

Annotation

SURVEILLANCE OF ACTIVITIES, GROUPS, AND INDIVIDUALS BY STATE AND LOCAL LAW ENFORCEMENT AGENCIES IS DISCUSSED IN THE CONTEXT OF A RECENT NEW JERSEY CASE.

Abstract

POLITICAL ACTIVISTS SOUGHT COURT ORDERS TO HALT THE IMPLEMENTATION OF A STATE SPONSORED INFORMATION GATHERING PROGRAM. THE TRIAL COURT GRANTED SUMMARY JUDGMENT FOR THE PLAINTIFFS BUT THE STATE SUPREME COURT REMANDED FOR A HEARING ON THE MERITS. THE SIGNIFICANCE OF THE PROCEDURAL POSTURE OF THE CASE, THE ELEMENTS THAT COMPRISE A JUSTIFIABLE CONTROVERSY, AND THE CONSTITUTIONAL DOCTRINES AVAILABLE TO TEST THE LEGALITY OF THE INTELLIGENCE GATHERING SYSTEM ARE DISCUSSED.