Professor BLAKEY. Mr. Chairman, that is the one question I do not think I will comment on. The CHAIRMAN. I understand that you wrote the brief in that Professor BLAKEY. I wrote the brief. case. The CHAIRMAN. You wrote the brief against the Government. Professor BLAKEY. I wrote it in favor of the people of New York Mr. MATHIAS. Mr. Chairman, if I could interrupt at this point. I think Professor Blakey has written a very important and significant brief in the Berger case. I would like to suggest that we include i as part of the record here because it is a very learned brief. The CHAIRMAN. Should we include then the Government's brief! Mr. MATHIAS. I think it is fair enough. The CHAIRMAN. We will include at this point, briefs for both sides. Mr. MATHIAS. I have a copy which is available for counsel at the conclusion. (The information referred to follows:) No. 615 IN THE Supreme Court of the United States OCTOBER TERM, 1966 RALPH BERGER, Petitioner V. THE PEOPLE OF THE STATE OF NEW YORK, Respondent On Writ of Certiorari to the Court of Appeals of New York BRIEF OF AMICI CURIAE URGING AFFIRMATION On Behalf of Elliot L. Richardson, Attorney General, Commonwealth of Massachusetts; Robert Y. Thornton, Attorney General, State of Oregon; National District Attorneys' Association, 211 East Chicago Avenue, Chicago, Illinois 60611 Of Counsel: G. ROBERT BLAKEY, Notre Dame Law School, Notre Dame, Indiana, 219-284-6626 I. Organized crime and corruption today poses A. The constitutional questions raised by this ... ... B. The constitutional questions must be placed 1. Organized crime has deep roots in our cul- ... Page 1 2. Organized crime and corruption today are 3. Organized crime today is highly structured 4. Organized crime today has impact which a. gambling b. narcotics c. loan sharking d. legitimate business. e. legitimate unions f. democratic processes g. value structure Page 35 37 II. Criminal sanctions can consistently be brought 1. The Report of the Privy Councillors ... III. Our constitutional traditions under the Fourth A. Court order electronic surveillance is not 39 44 48 B. Court order electronic surveillance is not inconsistent with the reasonable search and seizure guarantee of the Fourth Amendment 56 1. Section 813-a must meet a test of reasonableness 2. A court order system is reasonable 56 ... 3. No indiscriminate search and seizure is 62 4. Seizure of communication is not unrea- 69 71 5. The general requirement of notice is here C. Court order electronic surveillance is not Conclusion inconsistent with the no compulsory self- 74 75 Mass. Gen. L. Annt., Ch. 272 § 99 (1954) Md. Annt. Code (1957): Article 27, § 125A Article 35, § 94 ... Nevada Rev'd Stat., § 200.660 (1963) 15, 68, 74, 75 42, 53 53 5 New York Code of Criminal Procedure, § 813-a (1958) Ore. Rev'd Stat., § 41.720 CASES: 689 3, 4, 5, 9, 60, 64, 70, 74, 76 11 A Quantity of Books v. Kansas, 378 U.S. 205 (1964) Agnello v. United States, 269 U.S. 20 (1925) Aguiler v. Texas, 378 U.S. 108 (1964) Berger v. United States, 295 U.S. 78 (1935) Black v. United States, No. 1029, Oct. Term 1965, Supplemental Memorandum for the United States 42 Boyd v. United States, 116 U.S. 616 (1886) .. ...56, 58, 65, ..... ... 66, 68 Brown v. United States, 276 U.S. 134 (1928) (1965) Cantwell v. Connecticut, 310 U.S. 296 (1940) Carbo v. United States, 314 F. 2d 718 (9th 1963), cert. denied, 377 U.S. 953 (1964) 66 69, 70 54 28 62 Draper v. United States, 358 U.S. 307 (1959) Davis v. United States, 328 U.S. 582 (1946) 75 F.T.C. v. American Tobacco Co., 264 U.S. 298 (1924) .. 69 (1931) ... 15 57,59 |