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

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

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