People v. Berger
The People of the State of New York v. Ralph Berger
Subsequent history: rev'd sub nom. Berger v. New York, 388 U.S. 41 (1967). (read from the later opinion; check before relying)
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
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 .)
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 1 case
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.