Legal Opinion · Dissent

Nardone v. United States

Supreme Court of the United States

Decided December 20, 1937No. 190Published

1DissentJustice Sutherland

I think the word “person” used in this statute does not include an officer of the federal government, actually engaged in the detection of crime and the enforcement of the criminal statutes of the United States, who has good reason to believe that a telephone is being, or is about to be, used as an aid to the commission or concealment of a crime. The decision just made will necessarily have the effect of enabling the most depraved criminals to further their criminal plans over the telephone, in the secure knowledge that even if these plans involve kidnapping and murder, their telephone…

2Cases cited7 opinions

  1. Commonwealth v. WeloskyMassachusetts Supreme Judicial Court · 1931
  2. United States v. HoarU.S. Circuit Court for the District of Massachusetts · 1821
  3. Balthasar v. Pacific Electric Railway Co.California Supreme Court · 1921
  4. In the Matter of Will of FoxNew York Court of Appeals · 1873
  5. United States v. ArizonaSupreme Court of the United States · 1935

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