Berger v. New York

I join the opinion of the Court because at long last it overrules sub silentio Olmstead v. United States, 277 U. S. 438, and its offspring and brings wiretapping and other electronic eavesdropping fully within the purview of the Fourth Amendment. I also join the opinion because it condemns electronic surveillance, for its similarity to the general warrants out of which our Revolution sprang and allows a discreet surveillance only on a showing of “probable cause.” These safeguards are minimal if we are to live under a regime of wiretapping and other electronic surveillance.

Yet there persists…