United States v. Manuszak

OPINION

DITTER, District Judge.

The question presented in this case is whether probation may be revoked upon the basis of court-authorized wiretap evidence without first giving the probationer an opportunity to litigate the validity of the wiretap. Reluctantly, I conclude that it may not.

On January 30, 1974, respondent, Alfred Henry Manuszak, also known as “Sassy Doc,” plead guilty to operating an illegal gambling business in violation of 18 U.S.C. § 1955. I imposed a fine of $4,000., suspended sentence of imprisonment, and placed Manuszak on probation for a period of three years upon the…