Berger v. New York 388 U.S. 41 (1967)

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BERGER v. NEW YORK 388 U.S. 41 (1967)

A New York statute authorized electronic surveillance by police under certain circumstances. A conviction for conspiring to bribe a state official based on such surveillance was set aside because the statute did not meet fourth amendment requirements: (1) it did not require the police to describe in detail the place to be searched or the conversation to be seized, or to specify the particular crime being investigated; (2) it did not adequately limit the period of the intrusion; (3) it did not provide for adequate notice of the eavesdropping to the people overheard. These requirements were later incorporated in the omnibus crime control and safe streets act (1968).

Herman Schwartz
(1986)

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