State v. Geraldo

The question presented in the instant appeal is whether the federal constitution or state law requires the suppression of evidence obtained by the warrantless recording of a telephone conversation between a consenting police informant and a non-consenting defendant.

I

Appellant seeks to avoid the rule expressed in the plurality opinion of the United States Supreme Court in United States v. White (1971), 401 U. S. 745, and subsequently ratified by a majority of that court in United States v. Caceres (1979), 440 U. S. 741, by advancing a theory which posits that the scope of *122Fourth Amendment…