Legal Opinion
People v. Scocco
New York Court of Appeals
Decided February 25, 1993PublishedCited by 36 opinions
1Opinion of the Court
OPINION OF THE COURT
Acting Chief Judge Simons.
Defendants have been convicted on gambling and conspiracy charges based, in part, on evidence derived from electronic monitoring of two telephone lines used to transmit bets. On these appeals they question whether a pen register1 having the additional capacity to monitor conversations should be treated as an eavesdropping device2 under the Criminal Procedure Law and therefore permitted only when a Magistrate has issued a warrant based on probable cause. We hold that unless a warrant is obtained for instruments such as these, which were capable of…
2Cases cited11 opinions
- Katz v. United StatesSupreme Court of the United States · 1967
- Johnson v. United StatesSupreme Court of the United States · 1948
- Smith v. MarylandSupreme Court of the United States · 1979
- Berger v. New YorkSupreme Court of the United States · 1967
- United States v. New York Telephone Co.Supreme Court of the United States · 1977
6 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- United States v. MillerCourt of Appeals for the Second Circuit · 1997
- United States v. MillerCourt of Appeals for the Second Circuit · 1997
- People v. CapolongoNew York Court of Appeals · 1995
- People v. FonvilleAppellate Division of the Supreme Court of the State of New York · 1998
- United States v. GottiDistrict Court, S.D. New York · 1999
31 more not listed; retrieve them via the Exa API.