Desist v. United States

The decision in Katz v. United States, 389 U.S. 347, which held that the reach of the Fourth Amendment "cannot turn upon the presence or absence of a physical intrusion into any given enclosure," and that every electronic eavesdropping upon private conversations is a search and seizure which, as a general rule, can comply with constitutional standards only when authorized by a magistrate on a showing of probable cause under precise limitations and safeguards, to the extent that it departed from previous holdings of the Court, is to be applied prospectively only. Pp. 246-254.

384 F.2d 889, affirmed.

Abraham Glasser argued the cause for petitioners. With him on the briefs were David M. Markowitz and Irving Younger.

Francis X. Beytagh, Jr., argued the cause for the United States. With him on the brief were Solicitor General Griswold, Assistant Attorney General Vinson, Beatrice Rosenberg, Ronald L. Gainer, and Roger A. Pauley.