People v. Berger

New York Court of Appeals July 7, 1966

People v. Berger, 18 N.Y.2d 638 (N.Y. 1966)

219 N.E.2d 295; 272 N.Y.S.2d 782; 1966 N.Y. LEXIS 1213

Amendment, Bergan, Burke, Desmond, Evidence, Fuld, Grossman, Inside, Keating, McCall, Misc, Office, Offices, People, Premises, Scileppi, Search, Silverman, Stanford, That, Under, Vookhis, Vote

Opinion of the Court

Judgment affirmed; no opinion.

Concur: Judges VaN Vookhis, Burke, Scileppi, BergaN and KeatiNG. Chief Judge DesmoNd and Judge Fuld dissent and vote to reverse on the ground that the electronic eavesdrops inside two offices, one of which was a law office, were unconstitutional under the Fourth Amendment as a physical intrusion into private premises and as a “ general search ” for evidence. (See Siegel v. People, 16 N Y 2d 330, 333, per Desmond, Ch. J. [dissenting]; People v. McCall, 17 N Y 2d 152, 161, per Desmond, Ch. J. [concurring]; People v. Grossman, 45 Misc 2d 557; cf. Stanford v. Texas, 379 U. S. 476; Silverman v. United States, 365 U. S. 505.)

Reference

Full Case Name: The People of the State of New York v. Ralph Berger
Cited By: 2 cases
Status: Published