WIRETAPPING IN DOMESTIC SECURITY CASES

• NCJ Number: 12924
• Journal: Loyola Law Review Volume: 20 Issue: 1 Dated: (1974) Pages: 199-213
• Author(s): J A MERRIGAN
• Date Published: 1974
• Length: 15 pages
• Corporate Author: Loyola University
• Publication Format: Article
• Publication Type: Historical Overview

Annotation

DISCUSSION OF A RECENT SUPREME COURT CASE WHICH FORBIDS THE PRESIDENT FROM EAVESDROPPING ON CITIZENS TO PROTECT NATIONAL SECURITY WITHOUT PRIOR APPROVAL FROM THE COURTS.

Abstract

AFTER SUMMARIZING THE HISTORY OF WIRETAPPING AND ELECTRONIC SURVEILLANCE IN THE UNITED STATES, THE AUTHOR ANALYZES THE SUPREME COURT'S 1972 DECISION IN UNITED STATES V. UNITED STATES DISTRICT COURT. IN THAT CASE, THE COURT RESPONDED TO THE WIDENING APPROACH TO CITIZEN SURVEILLANCE ASSUMED BY THE EXECUTIVE BRANCH BY REQUIRING THE PRESIDENT TO ACQUIRE APPROVAL FROM A JUDICIAL OFFICER PRIOR TO ANY PROSCRIBED INVASION OF PRIVACY. THE COURT'S CONSTRAINTS, HOWEVER, EXTEND ONLY TO 'DOMESTIC' GROUPS, A CLASSIFICATION INADEQUATELY DEFINED IN THE DECISION.