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BERGER v. NEW YORK

No. 615.

388 U.S. 41 (1967)

BERGER v. NEW YORK.

Supreme Court of United States.

Decided June 12, 1967.

Attorney(s) appearing for the Case

Joseph E. Brill argued the cause for petitioner. With him on the brief was Abraham Glasser.

H. Richard Uviller argued the cause for respondent. With him on the brief were Frank S. Hogan and Alan F. Scribner.

Briefs of amici curiae, urging reversal, were filed by Jack Grant Day and Gerald Zuckerman for the National Association of Defense Lawyers in Criminal Cases; by John J. McAvoy for the New York Civil Liberties Union, and by Raymond W. Bergan for the International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America.

Briefs of amici curiae, urging affirmance, were filed by Louis J. Lefkowitz, Attorney General, pro se, Samuel A. Hirshowitz, First Assistant Attorney General, and Amy Juviler, Assistant Attorney General, for the Attorney General of the State of New York, and by G. Robert Blakey for Elliot L. Richardson, Attorney General of Massachusetts, Robert Y. Thornton, Attorney General of Oregon, and the National District Attorneys' Association.

MR. JUSTICE CLARK delivered the opinion of the Court.

This writ tests the validity of New York's permissive eavesdrop statute, N. Y. Code Crim. Proc. § 813-a,1 under the Fourth, Fifth, Ninth, and Fourteenth Amendments. The claim is that the statute sets up a system of surveillance which involves trespassory intrusions into private, constitutionally protected premises, authorizes

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