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UNITED STATES v. GIORDANO

Nos. 72-1399, 72-1407.

469 F.2d 522 (1972)

UNITED STATES of America, Appellant, v. Dominic Nicholas GIORDANO, also known as Nick Gino, also known as P. Burdi, also known as Nick Giordina, Appellee. UNITED STATES of America, Appellant, v. Dominic Nicholas GIORDANO, a/k/a Nick Gino, a/k/a P. Burdi, a/k/a Nick Giordina, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 31, 1972.

Attorney(s) appearing for the Case

Francis S. Brocato, Asst. U. S. Atty. (George Beall, U. S. Atty., on brief), for United States.

John A. Shorter, Jr., Washington, D. C. (Court-appointed counsel), for appellee, Sampson Williams.

H. Russell Smouse, Baltimore, Md. (Court-appointed counsel), for appellee, Dominic Nicholas Giordano.

Arthur G. Murphy, Sr., Baltimore, Md. (Court-appointed counsel), on brief for Herman Lee Pettiford, and Phillip M. Sutley.

Before SOBELOFF, Senior Circuit Judge, and WINTER and BUTZNER, Circuit Judges.

SOBELOFF, Senior Circuit Judge:

Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U. S.C. § 2510 et seq. ["Act"], lays down a stringent step-by-step procedure that circumscribes and limits all electronic surveillance. The scheme was intended to allay the profound concern expressed by the Supreme Court in such cases as Berger v. New York, 388 U.S. 41, 87 S.Ct. 1873, 18 L.Ed.2d 1040 (1967), over electronic intrusions...

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