Legal Opinion
People v. Guercio
New York Supreme Court
Decided May 3, 1977Published
1Opinion of the Court
William: J. Ostrowski, J.
Defendants move to suppress evidence obtained as a result of an eavesdropping warrant on the ground that the warrant fails to comply with CPL 700.30 (subd 5) which says: "An eavesdropping warrant must contain * * * 5. The identity of the law enforcement agency authorized to intercept the communications”.
*257In this respect the warrant is totally silent. The motion is granted for that reason.
The first draft (Sept., 1967) of the proposed Criminal Procedure Law, prepared by the Temporary Commission on Revision of the Penal Law and Criminal Code, dealt with eavesdropping…
2Cases cited7 opinions
- Katz v. United StatesSupreme Court of the United States · 1967
- Berger v. New YorkSupreme Court of the United States · 1967
- United States v. GiordanoSupreme Court of the United States · 1974
- Lee v. FloridaSupreme Court of the United States · 1968
- People v. SherNew York Court of Appeals · 1976
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