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Dalia Vs. United States

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  • US Supreme Court
  • Apr 01, 1979

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71 entries 2 linked 69 unlinked
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  1. Stanford Vs. Texas US Supreme Court · Jan 18, 1965
  2. Warden Vs. Hayden US Supreme Court · May 29, 1967
  3. Dalia v. United
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  4. States - 441 U.S. 238 (1979) U.S. Supreme Court Dalia v. United
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  5. States, 441 U.S. 238 (1979) Dalia v. United
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  6. for the purpose of installing otherwise legal electronic bugging equipment. Implicit in decisions such as Irvine v. California
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  7. U. S. 12 , and Silverman v. United
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  8. s argument that covert entries are unconstitutional for their lack of notice is frivolous, as was indicated in Katz v. United
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  9. devices would be constitutionally acceptable if done pursuant to a search warrant. Thus, for example, in Irvine v. California
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  10. Ibid. (emphasis added). Similarly, in Silverman v. United
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  11. a search warrant where such entry is the only means by which the warrant effectively may be executed. See, e.g., Payne v. United
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  12. Ker v. California
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  13. covert entries are unconstitutional for their lack of notice. This argument is frivolous, as was indicated in Katz v. United
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  14. In United States v. Donovan
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  15. there is no comparable indication in the statute that covert entry ever may be ordered. Accord, United States v. Santoro
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  16. United States v. United
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  17. Report on Title III, indiscriminate reference is made to the types of surveillance this Court reviewed in Berger v. New
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  18. York, 388 U. S. 41 (1967), and Katz v. United
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  19. did not find it significant that Berger involved a covert entry, whereas Katz did not. Compare Berger v. New
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  20. York, supra, at 388 U. S. 45 , with Katz v. United
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  21. See United States v. Ford
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  22. Nardone v. United
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  23. a covert entry, petitioner insists that the entry violated his Fourth Amendment privacy rights. Accord, United States v. Ford
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  24. require only three things. First, warrants must be issued by neutral, disinterested magistrates. See, e.g., Connally v. Georgia
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  25. Shadwick v. Tampa
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  26. Coolidge v. New
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  27. for a particular offense. Warden v. Hayden
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  28. as well as the place to be searched. Stanford v. Texas
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  29. to take him into custody, and they thereby impinge on both privacy and freedom of movement. See, e.g. United States v. Cravero
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  30. executing search warrants on occasion must damage property in order to perform their duty. See, e.g., United States v. Brown
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  31. United States v. Gervato
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  32. the manner in which a warrant is executed is subject to later judicial review as to its reasonableness. See Zurcher v. Stanford
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  33. Fourth Amendment interests, may be necessary for the installation of the surveillance equipment. See United States v. London
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  34. the secret interception of communications. As the Court set forth in Berger v. New
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  35. The Federal Courts of Appeals have given conflicting answers to these questions. See United States v. Finazzo
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  36. United States v. Santor
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  37. United States v. Scafidi
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  38. United States v. Ford
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  39. United States v. Agrusa
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  40. of Katz v. United
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  41. unless it is subjected to the careful supervision prescribed by Title III. See United States v. United
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  42. Indeed, the nature of electronic surveillance involved in Berger v. New
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  43. United States v. United
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  44. is difficult to perceive why one means of gaining entry would be less intrusive than another. See, e.g., United States v. Ford
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  45. United States v. Ford
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  46. of the indicia of a warrant necessarily are present whenever an order under Title III is issued. Accord, United States v. Scafidi
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  47. as electronic surveillance undeniably is a Fourth Amendment intrusion requiring a warrant. See, e.g., Katz v. United
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  48. And we have explicitly recognized the necessity of a warrant in cases of electronic surveillance. See United States v. United
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  49. search, even though the warrant gave no indication that force had been contemplated. See, e.g., United States v. Gervato
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  50. rooms may be bugged without the need for surreptitious entry and physical invasion of private premises. See Lopez v. United
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