Kaiser v. New York

Evidence obtained by wiretapping conducted in 1964 pursuant to a warrant issued under N.Y. Code Crim. Proc. § 813-a (held violative of the Fourth and Fourteenth Amendments for over breadth in Berger v. New York, 388 U.S. 41, only to the limited extent that it permitted a "trespassory intrusion into a constitutionally protected area") held admissible in state criminal trial, since the wiretapping occurred before (1) Katz v. United States, 389 U.S. 347, overruled prior decisions that the Fourth Amendment encompassed seizures of speech only if there was a trespass or a physical invasion of the speaker's constitutionally protected area, and (2) Lee v. Florida, 392 U.S. 378, extended the rule excluding evidence violative of § 605 of the Federal Communications Act to state trials; and both Katz v. United States and Lee v. Florida have been held to apply prospectively only (Desist v. United States, ante, p. 244, and Fuller v. Alaska, 393 U.S. 80, respectively). Pp. 281-283.

21 N.Y.2d 86, 233 N.E.2d 818, affirmed.

Henry J. Boitel, pro hac vice, and Peter L.F. Sabbatino argued the cause and filed briefs for petitioner.

William Cahn argued the cause for respondent. With him on the briefs was George Danzig Levine.