district argued february decided june charged three defendants conspiring destroy one destroying government property response defendants pretrial motion disclosure electronic surveillance information government filed affidavit attorney general stating approved wiretaps purpose gather ing intelligence information deemed necessary protect nation attempts domestic organizations attack subvert existing structure government basis affidavit surveillance logs filed sealed exhibit government claimed surveillances though warrantless lawful reasonable exercise presidential power protect national security district holding surveillances violative fourth amendment issued order disclosure overheard conversations appeals upheld title iii omnibus crime control safe streets act authorizes electronic surveillance specified crimes contains provision nothing law limits president constitutional power protect overthrow government clear present danger structure existence government government relies support contention excepting national security surveillances act warrant requirement congress recognized president authority conduct surveillances without prior judicial approval held section merely disclaimer congressional intent define presidential powers matters affecting national security grant authority conduct warrantless national security surveillances pp fourth amendment shields private speech unreasonable surveillance requires prior judicial approval type domestic security surveillance involved case pp government duty safeguard domestic security must weighed potential danger unreasonable surveillances pose individual privacy free expression pp freedoms fourth amendment properly guaranteed domestic security surveillances conducted solely within discretion executive branch without detached judgment neutral magistrate pp resort appropriate warrant procedure frustrate legitimate purposes domestic security searches pp powell delivered opinion douglas brennan marshall stewart blackmun joined douglas filed concurring opinion post burger concurred result white filed opinion concurring judgment post rehnquist took part consideration decision case assistant attorney general mardian argued cause briefs solicitor general griswold robert keuch william gossett argued cause respondents district eastern district michigan et al brief abraham sofaer arthur kinoy argued cause respondents sinclair et al brief william bender william kunstler briefs amici curiae urging affirmance filed stephen schlossberg international union automobile aerospace agricultural implement workers america uaw benjamin dreyfus black panther party et al briefs amici curiae filed herman schwartz melvin wulf erwin ellmann american civil liberties union et al john ligtenberg american federation teachers american friends service committee justice powell delivered opinion issue us important one people country government involves delicate question president power acting attorney general authorize electronic surveillance internal security matters without prior judicial approval successive presidents century authorized surveillance varying degrees without guidance congress definitive decision case brings issue first time resolution matter national concern requiring sensitivity government right protect unlawful subversion attack citizen right secure privacy unreasonable government intrusion case arises criminal proceeding district eastern district michigan charged three defendants conspiracy destroy government property violation one defendants plamondon charged dynamite bombing office central intelligence agency ann arbor michigan pretrial proceedings defendants moved compel disclose certain electronic surveillance information conduct hearing determine whether information tainted evidence indictment based government intended offer trial response government filed affidavit attorney general acknowledging agents overheard conversations plamondon participated affidavit also stated attorney general approved wiretaps gather intelligence information deemed necessary protect nation attempts domestic organizations attack subvert existing structure government logs surveillance filed sealed exhibit camera inspection district basis attorney general affidavit sealed exhibit government asserted surveillance lawful though conducted without prior judicial approval reasonable exercise president power exercised attorney general protect national security district held surveillance violated fourth amendment ordered government make full disclosure plamondon overheard conversations supp ed government filed appeals sixth circuit petition writ mandamus set aside district order stayed pending final disposition case concluding jurisdiction held surveillance unlawful district properly required disclosure overheard conversations granted certiorari title iii omnibus crime control safe streets act authorizes use electronic surveillance classes crimes carefully specified surveillance subject prior order section sets forth detailed particularized application necessary obtain order well carefully circumscribed conditions use act represents comprehensive attempt congress promote effective control crime protecting privacy individual thought expression much title iii drawn meet constitutional requirements electronic surveillance enunciated berger new york katz together elaborate surveillance requirements title iii following proviso nothing contained chapter section communications act stat shall limit constitutional power president take measures deems necessary protect nation actual potential attack hostile acts foreign power obtain foreign intelligence information deemed essential security protect national security information foreign intelligence activities shall anything contained chapter deemed limit constitutional power president take measures deems necessary protect overthrow government force unlawful means clear present danger structure existence government contents wire oral communication intercepted authority president exercise foregoing powers may received evidence trial hearing proceeding interception reasonable shall otherwise used disclosed except necessary implement power emphasis supplied think language well legislative history statute refutes interpretation relevant language nothing contained chapter shall limit constitutional power president take measures deems necessary protect section certainly confers power language wholly inappropriate purpose merely provides act shall interpreted limit disturb power president may constitution short congress simply left presidential powers found view reinforced general context title iii section broadly prohibits use electronic surveillance xcept otherwise specifically provided chapter subsection thereof contains four specific exceptions specified exceptions statutory language follows shall unlawful intercept particular type communication described express grant authority conduct surveillances found authorizes attorney general make application federal judge surveillance may provide evidence certain offenses offenses described meticulous care specificity act authorizes surveillance procedure followed specified subsection thereof requires application judge competent jurisdiction prior order approval detail information required application subsection prescribes necessary elements probable cause judge must find issuing order authorizing interception subsection sets forth required contents order subsection sets strict time limits order provision made subsection emergency situation found exist attorney general principal prosecuting attorney state respect conspiratorial activities threatening national security interest situation emergency surveillance may conducted application order approving interception made within hours order obtained application therefore denied interception deemed violation act view interrelated provisions delineating permissible interceptions particular criminal activity upon carefully specified conditions incongruous congress legislated respect important complex area national security single brief nebulous paragraph comport sensitivity problem involved extraordinary care congress exercised drafting sections act therefore think conclusion inescapable congress intended make clear act simply legislate respect national security surveillances legislative history supports interpretation relevant colloquy senators hart holland mcclellan senate floor holland section senator hart read affirmatively give power affirmatively conferring power upon president simply saying nothing herein shall limit power president constitution certainly grant thing nothing affirmative statement mcclellan president make understood trying take anything away holland senator correct hart president intention expand language constitutional power clearly mcclellan even though intended hart however agreed language regarded intending grant authority including authority put bug president addition president think exchange makes clear nothing section even attempts define limits president national security power present law always found extremely vague section merely says president power exercise way affected title iii emphasis supplied ii important outset emphasize limited nature question case raises constitutional challenge electronic surveillance specifically authorized title iii omnibus crime control safe streets act question doubt necessity obtaining warrant surveillance crimes unrelated national security interest katz berger new york instant case requires judgment scope president surveillance power respect activities foreign powers within without country attorney general affidavit case surveillances deemed necessary protect nation attempts domestic organizations attack subvert existing structure government emphasis supplied evidence involvement directly indirectly foreign power present inquiry though important therefore narrow one addresses question left open katz supra whether safeguards prior authorization magistrate satisfy fourth amendment situation involving national security begin inquiry noting president fundamental duty art ii constitution preserve protect defend constitution implicit duty power protect government subvert overthrow unlawful means discharge duty president attorney general may find necessary employ electronic surveillance obtain intelligence information plans plot unlawful acts government use surveillance internal security cases sanctioned less continuously various presidents attorneys general since july herbert brownell attorney general president eisenhower urged use electronic surveillance internal international security matters grounds acting government turn telephone carry intrigue success plans frequently rests upon piecing together shreds information received many sources many nests participants conspiracy often dispersed stationed various strategic positions government industry throughout country said basic function government provide security individual property miranda arizona white dissenting unless government safeguards capacity function preserve security people society become disordered rights liberties endangered chief justice hughes reminded us cox new hampshire civil liberties guaranteed constitution imply existence organized society maintaining public order without liberty lost excesses unrestrained abuses national security cases moreover often reflect convergence first fourth amendment values present cases ordinary crime though investigative duty executive may stronger cases also greater jeopardy constitutionally protected speech historically struggle freedom speech press england bound issue scope search seizure power marcus search warrant history abundantly documents tendency government however benevolent benign motives view suspicion fervently dispute policies fourth amendment protections become necessary targets official surveillance may suspected unorthodoxy political beliefs danger political dissent acute government attempts act vague concept power protect domestic security given difficulty defining domestic security interest danger abuse acting protect interest becomes apparent senator hart addressed dilemma floor debate read fear saying president motion declare name favorite poison draft dodgers black muslims ku klux klan civil rights activists clear present danger structure existence government iii fourth amendment absolute terms task examine balance basic values stake case duty government protect domestic security potential danger posed unreasonable surveillance individual privacy free expression legitimate need government safeguard domestic security requires use electronic surveillance question whether needs citizens privacy free expression may better protected requiring warrant surveillance undertaken must also ask whether warrant requirement unduly frustrate efforts government protect acts subversion overthrow directed though fourth amendment speaks broadly unreasonable searches seizures definition reasonableness turns least part specific commands warrant clause argued relevant test whether reasonable procure search warrant whether search reasonable rabinowitz view however overlooks second clause amendment warrant clause fourth amendment dead language rather valued part constitutional law decades determined result scores scores cases courts country inconvenience somehow weighed claims police efficiency important working part machinery government operating matter course check mistakenly overzealous executive officers part system law enforcement coolidge new hampshire two centuries ago lord mansfield held principles prohibited warrants ordered arrest unnamed individuals officer might conclude guilty seditious libel fit said mansfield receiving judging information left discretion officer magistrate judge give certain directions officer leach three king messengers tr lord mansfield formulation touches heart fourth amendment directive practical governmental search seizure represent efforts officer gather evidence wrongful acts judgment magistrate collected evidence sufficient justify invasion citizen private premises conversation inherent concept warrant issuance neutral detached magistrate coolidge new hampshire supra katz supra requirement probable cause instructs magistrate baseless searches shall proceed fourth amendment freedoms properly guaranteed domestic security surveillances may conducted solely within discretion executive branch fourth amendment contemplate executive officers government neutral disinterested magistrates duty responsibility enforce laws investigate prosecute katz supra douglas concurring charged investigative prosecutorial duty sole judges utilize constitutionally sensitive means pursuing tasks historical judgment fourth amendment accepts unreviewed executive discretion may yield readily pressures obtain incriminating evidence overlook potential invasions privacy protected speech may well instant case government surveillance plamondon conversations reasonable one readily gained prior judicial approval never sustained search upon sole ground officers reasonably expected find evidence particular crime voluntarily confined activities least intrusive means consistent end katz supra fourth amendment contemplates prior judicial judgment risk executive discretion may reasonably exercised judicial role accords basic constitutional doctrine individual freedoms best preserved separation powers division functions among different branches levels government harlan thoughts dedication keeping judicial function balance independent check upon executive discretion satisfied government argues extremely limited judicial review indeed review never reach surveillances failed result prosecutions prior review neutral detached magistrate means effectuating fourth amendment rights beck ohio true exceptions warrant requirement chimel california terry ohio mcdonald carroll exceptions number carefully delineated katz supra general serve legitimate needs law enforcement officers protect preserve evidence destruction even carving exceptions reaffirmed principle police must whenever practicable obtain advance judicial approval searches seizures warrant procedure terry ohio supra chimel california supra government argues special circumstances applicable domestic security surveillances necessitate exception warrant requirement urged requirement prior judicial review obstruct president discharge constitutional duty protect domestic security told surveillances directed primarily collecting maintaining intelligence respect subversive forces attempt gather evidence specific criminal prosecutions said type surveillance subject traditional warrant requirements established govern investigation criminal activity ongoing intelligence gathering brief reply brief government insists courts practical matter neither knowledge techniques necessary determine whether probable cause believe surveillance necessary protect national security security problems government contends involve large number complex subtle factors beyond competence courts evaluate reply brief final reason exemption warrant requirement government believes disclosure magistrate even significant portion information involved domestic security surveillances create serious potential dangers national security lives informants agents secrecy essential ingredient intelligence gathering requiring prior judicial authorization create greater danger leaks addition judge clerk stenographer officer like law assistant bailiff may apprised nature surveillance brief contentions behalf complete exemption warrant requirement urged behalf president national security domestic implications merit careful consideration certainly reject lightly especially time worldwide ferment civil disorders country prevalent less turbulent periods history doubt pragmatic force government position think case made requested departure fourth amendment standards circumstances described justify complete exemption domestic security surveillance prior judicial scrutiny official surveillance whether purpose criminal investigation ongoing intelligence gathering risks infringement constitutionally protected privacy speech security surveillances especially sensitive inherent vagueness domestic security concept necessarily broad continuing nature intelligence gathering temptation utilize surveillances oversee political dissent recognize constitutional basis president domestic security role think must exercised manner compatible fourth amendment case hold requires appropriate prior warrant procedure accept government argument internal security matters subtle complex judicial evaluation courts regularly deal difficult issues society reason believe federal judges insensitive uncomprehending issues involved domestic security cases certainly courts recognize domestic security surveillance involves different considerations surveillance ordinary crime threat subtle complex senior law enforcement officers convey significance one may question whether probable cause surveillance believe prior judicial approval fracture secrecy essential official intelligence gathering investigation criminal activity long involved imparting sensitive information judicial officers respected confidentialities involved judges may counted upon especially conscious security requirements national security cases title iii omnibus crime control safe streets act already imposed responsibility judiciary connection crimes espionage sabotage treason may involve domestic well foreign security threats moreover warrant application involves public adversary proceedings ex parte request magistrate judge whatever security dangers clerical secretarial personnel may pose minimized proper administrative measures possibly point allowing government provide necessary clerical assistance thus conclude government concerns justify departure case customary fourth amendment requirement judicial approval prior initiation search surveillance although added burden imposed upon attorney general inconvenience justified free society protect constitutional values think government domestic surveillance powers impaired significant degree prior warrant establishes presumptive validity surveillance minimize burden justification judicial review means least importance reassurance public generally indiscriminate wiretapping bugging citizens occur iv emphasize concluding opinion scope decision stated outset case involves domestic aspects national security addressed express opinion issues may involved respect activities foreign powers agents decision rest language section title iii omnibus crime control safe streets act act attempt define delineate powers president meet domestic threats national security moreover hold type standards procedures prescribed title iii necessarily applicable case recognize domestic security surveillance may involve different policy practical considerations surveillance ordinary crime gathering security intelligence often long range involves interrelation various sources types information exact targets surveillance may difficult identify surveillance operations many types crime specified title iii often emphasis domestic intelligence gathering prevention unlawful activity enhancement government preparedness possible future crisis emergency thus focus domestic surveillance may less precise directed conventional types crime given potential distinctions title iii criminal surveillances involving domestic security congress may wish consider protective standards latter differ already prescribed specified crimes title iii different standards may compatible fourth amendment reasonable relation legitimate need government intelligence information protected rights citizens warrant application may vary according governmental interest enforced nature citizen rights deserving protection said camara municipal cases fourth amendment requires warrant search obtained probable cause standard particular decision search tested constitutional mandate reasonableness determining whether particular inspection reasonable thus determining whether probable cause issue warrant inspection need inspection must weighed terms reasonable goals code enforcement paragraph course attempt guide congressional judgment rather delineate present scope opinion attempt detail precise standards domestic security warrants decision katz sought set refined requirements specified criminal surveillances constitute title iii hold however prior judicial approval required type domestic security surveillance involved case approval may made accordance reasonable standards congress may prescribe surveillance plamondon conversations unlawful conducted without prior judicial approval courts correctly held alderman controlling requires disclosure accused impermissibly intercepted conversations stated alderman trial appropriate place defendant counsel enforceable orders unwarranted disclosure materials may entitled inspect judgment appeals hereby affirmed justice rehnquist took part consideration decision case footnotes attorney general affidavit reads follows john mitchell duly sworn deposes says attorney general affidavit submitted connection government opposition disclosure defendant plamondon information concerning overhearing conversations occurred course electronic surveillances government contends legal defendant plamondon participated conversations overheard government agents monitoring wiretaps employed gather intelligence information deemed necessary protect nation attempts domestic organizations attack subvert existing structure government records department justice reflect installation wiretaps expressly approved attorney general submitted affidavit sealed exhibit containing records intercepted conversations description premises subjects surveillances copies memoranda reflecting attorney general express approval installation surveillances certify prejudice national interest disclose particular facts concerning surveillances camera accordingly sealed exhibit referred herein submitted solely camera inspection copy sealed exhibit furnished defendants request conclusion hearing matter place sealed exhibit sealed envelope return department justice retained seal may submitted appellate may review matter jurisdiction challenged appeals ground district order interlocutory appealable issue correctly held jurisdiction relying upon writs act cases cited opinion attack made appropriateness writ mandamus procedure exceptions relate certain activities communication common carriers federal communications commission specified situations party communication consented interception title subsection reads follows procedure interception wire oral communications application order authorizing approving interception wire oral communication shall made writing upon oath affirmation judge competent jurisdiction shall state applicant authority make application application shall include following information identity investigative law enforcement officer making application officer authorizing application full complete statement facts circumstances relied upon applicant justify belief order issued including details particular offense committed ii particular description nature location facilities place communication intercepted iii particular description type communications sought intercepted iv identity person known committing offense whose communications intercepted full complete statement whether investigative procedures tried failed reasonably appear unlikely succeed tried dangerous statement period time interception required maintained nature investigation authorization interception automatically terminate described type communication first obtained particular description facts establishing probable cause believe additional communications type occur thereafter full complete statement facts concerning previous applications known individual authorizing making application made judge authorization intercept approval interceptions wire oral communications involving persons facilities places specified application action taken judge application application extension order statement setting forth results thus far obtained interception reasonable explanation failure obtain results final sentence contents interception authority president exercise foregoing powers may received evidence interception reasonable sentence seems intended assure president conducts lawful surveillance pursuant whatever power may possess evidence admissible cong rec senator mcclellan sponsor bill exchange constitutes time expressly debated senate house floor report senate judiciary committee explicit exchange floor appears recognize national security power president whatever may deemed disturbed see also national security wiretap presidential prerogative judicial responsibility author concludes congress took amounted position neutral noninterference question constitutionality warrantless national security wiretaps authorized president cal rev section refers constitutional power president two types situations necessary protect attack hostile acts intelligence activities foreign power ii necessary protect overthrow government clear present danger structure existence government although specified situations sometimes referred national security threats term national security used first sentence respect activities foreign powers case involves second sentence threat emanating according attorney general affidavit domestic organizations although attempt precise definition use term domestic organization opinion mean group organization whether formally informally constituted composed citizens significant connection foreign power agents agencies doubt cases difficult distinguish domestic foreign unlawful activities directed government collaboration varying degrees domestic groups organizations agents agencies foreign powers case enactment title iii reflects congressional recognition importance surveillance combatting various types crime frank hogan district attorney new york county years described telephonic interception pursuant order single valuable weapon law enforcement fight organized crime cong rec crime commission appointed president johnson noted great majority law enforcement officials believe evidence necessary bring criminal sanctions bear consistently higher echelons organized crime obtained without aid electronic surveillance techniques maintain techniques indispensable develop adequate strategic intelligence concerning organized crime set specific investigations develop witnesses corroborate testimony serve substitutes necessary step process organized crime investigations prosecutions report president commission law enforcement administration justice challenge crime free society month attorney general tom clark advised president truman necessity using wiretaps cases vitally affecting domestic security may president roosevelt authorized attorney general jackson utilize wiretapping matters involving defense nation questionable whether language meant apply solely domestic subversion nature extent wiretapping apparently varied different administrations attorneys general except sharp curtailment attorney general ramsey clark latter years johnson administration electronic surveillance used organized crime domestic security cases least since memorandum clark truman brief brief respondents cong rec brownell public security wire tapping cornell see also rogers case wire tapping yale government asserts bombing incidents january july involved government related facilities respondents dispute statistics incorporating many frivolous incidents well bombings nongovernmental facilities precise level activity however relevant disposition case brief brief respondents reply brief professor alan westin written likely course future conflict value privacy new technology law enforcement much book details techniques physical electronic surveillance possible threats personal privacy psychological personality testing electronic information storage retrieval contemporary threats privacy emanate directly pressures crime control privacy freedom though total number intercepts authorized state federal judges pursuant tit iii omnibus crime control safe streets act surveillance may involve interception hundreds different conversations average intercept involved people conversations incriminating cong rec cong rec subsequent assurances quoted part opinion implied statutory grant contraction definition presidential power eased senator misgivings view accepted chimel california considered government contention search judged general reasonableness standard without reference warrant clause concluded argument founded little subjective view regarding acceptability certain sorts police conduct considerations relevant fourth amendment interests unconfined analysis fourth amendment protection area approach evaporation point lasson history development fourth amendment constitution use word judicial connote traditional fourth amendment requirement neutral detached magistrate government argues domestic security wiretaps upheld courts review nless appears attorney general determination proposed surveillance relates national security matter arbitrary capricious constitutes clear abuse broad discretion attorney general obtain information helpful president protecting government various unlawful acts brief see supra view warrantless surveillance though impermissible domestic security cases may constitutional foreign powers involved see smith supp cd cal american bar association project standards criminal justice electronic surveillance approved draft supp see also clay think unnecessary time facts case consider arguments advanced government basis scope decision alderman justice douglas concurring join opinion add words support important phase campaign police intelligence agencies obtain exemptions warrant clause fourth amendment due clandestine nature electronic need acute placing government heavy burden show exigencies situation make course imperative abuses search incident arrest partly deterred threat damage actions offending officers risk adverse publicity possibility reform political process latter safeguards however ineffective lawless wiretapping bugging victims totally unaware moreover even risk exclusion tainted evidence appear negligible deterrent value inasmuch frankly concedes primary purpose searches fortify intelligence collage rather accumulate evidence support indictments convictions warrant clause held inapplicable federal intelligence machine literally enjoy unchecked discretion federal agents wish rummage months end every conversation matter intimate personal carried selected telephone lines simply seize utterances may add sense pulse domestic underground told one national security wiretap lasted months monitored conversations senator edward kennedy found recently warrantless devices accounted average days listening per device compared per device average devices installed order concluded government revelations posed frightening possibility conversations untold thousands citizens country monitored secret devices judge authorized may remain operation months perhaps years time even innocent random caller uses telephones tapped line become flagged number government data bank see laird tatum term gross invasions privacy epitomize evil warrant clause directed unfortunate witness hazards police intrusions receive prior sanction independent magistrates example weeks mapp ohio chimel california entire homes ransacked pursuant warrantless searches indeed kremen entire contents cabin totaling items dish rag seized incident arrest occupant taken san francisco study fbi agents similar case von cleef new jersey police without warrant searched arrestee house three hours eventually seizing several thousand articles including books magazines catalogues mailing lists private correspondence open unopened photographs drawings film silverthorne lumber federal agents without shadow authority raided offices one petitioners proprietors earlier jailed made clean sweep books papers documents found justice holmes termed tactic outrage stanford texas state police seized items literature including writings justice black pursuant general search warrant issued inspect alleged subversive home domestic security said involved draw case outside mainstream fourth amendment law rather recurring desire reigning officials employ dragnet techniques intimidate critics lies core prohibition excesses use general warrants writs assistance led ratification fourth amendment entick carrington tr eng decided one finds striking parallel executive warrants utilized secretary state issued general executive warrants messengers authorizing roam seize libelous material libellants sovereign entick critic crown victim one general search seditious publications impounded brought successful damage action trespass messengers verdict sustained appeal lord camden wrote sweeping tactics validated secret cabinets bureaus every subject kingdom thrown open search inspection messenger whenever secretary state shall think fit charge even suspect person author printer publisher seditious libel related similar proceeding huckle money wils eng judge presided entick appeal held another victim despotic practice saying enter man house virtue nameless warrant order procure evidence worse spanish inquisition see also wilkes wood tr eng early boyd recently stanford texas supra berger new york coolidge new hampshire supra tyrannical invasions described assailed entick huckle wilkes practices also endured colonists recognized primary abuses ensured warrant clause prominent place bill rights see landynski search seizure lasson history development fourth amendment constitution note warrantless searches light chimel return original understanding rev illustrated flood cases us term laird tatum gelbard egan caldwell gravel kleindienst mandel currently throes another national seizure paranoia resembling hysteria surrounded alien sedition acts palmer raids mccarthy era register dissent petition governments redress subjected scrutiny grand juries fbi even military associates interrogated homes bugged telephones wiretapped befriended secret government informers patriotism loyalty questioned senator sam ervin chaired hearings military surveillance civilian dissidents warns exaggeration talk terms hundreds thousands dossiers senator kennedy mentioned supra found frightening possibility conversations untold thousands monitored secret devices privacy implicated also stake reach government power intimidate critics executive attempts excuse tactics essential defense internal subversion obliged remind without apology long commitment preservation bill rights corrosive environment precisely expedients justice brandeis said concurring whitney california independence revolution cowards fear political change exalt order cost liberty chief justice warren put way robel concept national defense deemed end justifying power designed promote goal implicit term national defense notion defending values ideas set nation apart indeed ironic name national defense sanction subversion liberties make defense nation worthwhile warrant clause stood barrier intrusions officialdom privacies life barrier lowered permit suspected subversives intimate conversations pillaged abodes mail secretly searched authority defeat terrifying claim inherent power need stand enduring values served fourth amendment stated last term coolidge new hampshire times unrest whether caused crime racial conflict fear internal subversion basic law values represents may appear unrealistic extravagant values authors fundamental constitutional concepts times altogether unlike right personal security arbitrary intrusions times changed reducing everyman scope pleases urban industrial world changes made values served fourth amendment less important much fear erosion sense privacy independence omnipresent electronic ear government likelihood fomenters domestic upheaval modify form governing appendix opinion douglas concurring federal wiretapping bugging ordered executive ordered devices devices days use days minimum maximum year number use number rounded rounded ratio days used average days use executive ordered per devices ordered executive ordered ordered devices source letter assistant attorney general robert mardian senator edward kennedy march source figures withheld request justice department reports administrative office courts coolidge new hampshire mcdonald chimel california jeffers see bivens six unknown named agents federal bureau narcotics letter senator edward kennedy members administrative procedure practice senate judiciary committee senator kennedy included letter chart comparing wiretapping bugging federal agencies chart reproduced appendix opinion statistical breakdown duration location implementing agency wiretap orders issued state federal judges see administrative office courts report applications orders authorizing approving interception wire oral communications washington post may final kennedy supra see also schwartz report costs benefits electronic surveillance american civil liberties union schwartz legitimation electronic eavesdropping politics law order rev complete itemization objects seized see appendix kremen side atlantic argument concerning validity general search warrants centered around writs assistance used customs officers detection smuggled goods lasson history development fourth amendment constitution february writs expired six months death george ii boston merchants petitioned superior opposition granting new writs merchants represented james otis later became leader movement independence otis completely electrified large audience room denunciation england whole policy toward colonies argument general warrants john adams young man less years age yet admitted bar spectator many years later described scene words say solemn manner otis oration writs assistance breathed nation breath life flame fire every man crowded audience appeared go away ready take arms writs assistance first scene opposition arbitrary claims great britain child independence born years namely grew manhood declared free see donner cerruti grand jury network nixon administration secretly perverted traditional safeguard individual rights nation see also caldwell gravel gelbard egan nos see times july grand jury investigation times staff published pentagon papers times april tighten surveillance radicals times informants bugs collect data black panthers washington post may fbi calls everybody talks washington post may black activists fbi targets washington post may bedroom peeking sharpens fbi files concerning fbi investigation daniel schorr television correspondent critical government see times times wiretapping bugging martin luther king fbi see navasky kennedy justice wiretapping eleanor roosevelt john lewis fbi see theoharis meyer national security justification electronic eavesdropping elusive exception wayne rev see laird tatum see also federal data banks computers bill rights hearings constitutional rights senate committee judiciary sess times informers used national security reasons throughout twentieth century deployed combat perceived internal threat radicals early fears began focus communism groups thought connection communist party heavily infiltrated infiltration party intense one former fbi agent estimated ratio one informant every members recently attention shifted militant antiwar civil rights groups part support groups among university students throughout country informers seem become ubiquitous campus insight scope current use informers provided media papers fbi documents stolen early bureau office media pennsylvania papers disclose fbi attempts infiltrate conference war resisters haverford college august convention national association black students june also reveal fbi endeavors recruit informers ranging bill collectors apartment janitors effort develop constant surveillance black communities new left organizations times april philadelphia black community instance whole range buildings including offices congress racial equality southern christian leadership conference black coalition ibid singled surveillance building employees similar informers working fbi note developments law national security interest civil liberties harv rev accounts impersonation journalists police fbi agents soldiers order gain confidences dissidents see press freedoms pressure report twentieth century fund task force government press revelation army infiltration political organizations spying senators governors congressmen see federal data banks computers bill rights hearings subcommittee constitutional rights senate committee judiciary sess discussed dissent denial certiorari williamson among media papers suggestion fbi investigation dissidents stepped order enhance paranoia endemic circles serve get point across fbi agent behind every mailbox times march times senate peace advocates said presidential adviser aiding abetting enemy amicus curiae brief submitted senator sam ervin laird tatum new york times powell mccormack robel aptheker secretary state baggett bullitt youngstown sheet tube sawyer duncan kahanamoku white steer de jonge oregon ex parte milligan wall mitchell harmony note national security wiretap presidential prerogative judicial responsibility cal rev continue belief extremely difficult write search warrant specifically naming particular conversations seized therefore attempt amount general warrant abuse condemned fourth amendment said dissenting osborn devices lay dragnet indiscriminately sweeps conversations within scope without regard nature conversations participants warrant authorizing devices different general warrants fourth amendment intended prohibit ratios less meaningful since surveillance program initial stage justice white concurring judgment case arises indictment charging conspiracy injure injury government property count charged robert plamondon two codefendants conspiring fourth person injure government property dynamite count ii charged plamondon alone dynamiting injuring government property ann arbor michigan defendants moved compel disclose among things logs records electronic surveillance directed unindicted coconspirators premises defendants coconspirators also moved hearing determine whether electronic surveillance disclosed tainted evidence grand jury indictment based government intended use trial asked dismissal indictment taint determined exist opposing motion submitted affidavit attorney general disclosing defendant plamondon participated conversations overheard government agents monitoring wiretaps employed gather intelligence information deemed necessary protect nation attempts domestic organizations attack subvert existing structure government wiretaps expressly approved attorney general records intercepted conversations copies memorandum reflecting attorney general approval submitted seal solely camera inspection characterized district position electronic monitoring plamondon conversations without judicial warrant lawful exercise power president safeguard national security district granted motion defendants holding president constitutional power employ electronic surveillance without warrant gather information domestic organizations absent probable cause judicial authorization challenged wiretap infringed plamondon fourth amendment rights ordered government disclose defendants records monitored conversations directed hearing held determine existence taint either indictment evidence introduced trial government petition mandamus require district vacate order denied appeals held fourth amendment barred warrantless electronic surveillance domestic organizations even direction president agreed district wiretaps involved therefore constitutionally infirm must turn defendants records overheard conversations purpose determining whether government evidence tainted affirm appeals statutory ground urged brief without reaching intimating views respect constitutional issue decided district appeals title iii omnibus crime control safe streets act forbids pain criminal penalties civil actions damages wiretapping eavesdropping undertaken accordance specified procedures obtaining judicial warrants authorizing surveillance section establishes general prohibition electronic eavesdropping xcept otherwise specifically provided statute later sections provide detailed procedures judicial authorization official interceptions oral communications procedures followed interception subject prohibitions section however specifies situations general prohibitions apply addition provides nothing contained chapter section communications act stat shall limit constitutional power president take measures deems necessary protect nation actual potential attack hostile acts foreign power obtain foreign intelligence information deemed essential security protect national security information foreign intelligence activities shall anything contained chapter deemed limit constitutional power president take measures deems necessary protect overthrow government force unlawful means clear present danger structure existence government contents wire oral communication intercepted authority president exercise foregoing powers may received evidence trial hearing proceeding interception reasonable shall otherwise used disclosed except necessary implement power interception without judicial warrant covered provisions clear argument illegal unless saved majority asserts disclaimer exception however labeled apparent face section legislative history interception one described reached statutory ban unwarranted electronic eavesdropping defendants district moved production logs electronic surveillance might subjected government responded conversations plamondon intercepted took position turnover surveillance records necessary interception complied law clearly government prevail necessary demonstrate first interception involved subject statutory requirement judicial approval wiretapping surveillance within scope secondly act forbid warrantless wiretap surveillance consistent fourth amendment made claim case statute may constitutionally applied surveillance issue denied comply act surveillance must either supported warrant fall within bounds exceptions provided nevertheless read opinions district appeals neither stopped inquire whether challenged interception illegal statute proceeded directly constitutional issue without adverting rule courts abjure constitutional issues except necessary decision case ashwander tennessee valley authority concurring opinion conclude record us surveillance undertaken government case illegal statute find unnecessary therefore improper consider decide constitutional questions courts improvidently reached threshold statutory question simply put electronic surveillance undertaken government case measure deemed necessary president implement either first second branch exception carved general requirement warrant answer seems must turn affidavit attorney general offered opposition defendants motion disclose surveillance records apparent nothing whatsoever affidavit suggesting surveillance undertaken within first branch exception protect foreign attack gather foreign intelligence protect national security information sole assertion monitoring issue employed gather intelligence information deemed necessary protect nation attempts domestic organizations attack subvert existing structure government app neither conclude characterization wiretap employed fell within exception recognized second sentence utterly fails assume responsibility judgment congress demanded surveillance necessary prevent overthrow force unlawful means clear present danger structure existence government affidavit speaks attempts attack subvert makes reference force unlawfulness articulates conclusion attempts involved clear present danger existence structure government shortcomings affidavit measured patent indeed oral argument conceded less specific inquiry put government counsel think affidavit standing alone satisfies safe streets act assistant attorney general answered sir rely upon affidavit tr oral arg government counsel however seek save case reference camera exhibit submitted district supplement attorney general affidavit said exhibit includes request wiretap approval submitted attorney general request asserted need avert clear present danger structure existence government attorney general endorsed approval request unconvinced mere endorsement attorney general request approval submitted must taken attorney general opinion wiretap necessary avert clear present danger existence structure government affidavit later filed specifically characterizing purposes interception least impliedly grounds prior approval attorney general said tap undertaken secure intelligence thought necessary protect attempts attack subvert structure government attorney general approval interception given judicially cognizable meaning different meaning seems ascribed affidavit filed obviously must proceedings district moreover reluctant proceed first instance examine camera material either sustain reject surveillance necessary measure avert dangers referred congress excepted warrant requirement surveillance president assume responsibility deeming essential measure protect clear present danger judge satisfy congressional requirement without necessary threshold determination interception opinion contrary terms statute subject therefore prohibition contained use fruits warrantless electronic surveillance evidence trial remain two additional interrelated reasons reaching constitutional issue first even determined attorney general purported authorize electronic surveillance purposes exempt general provisions act remain issue whether discretion properly authorized concedes act attorney general authorizing warrantless wiretap subject judicial review extent brief seems improvident proceed constitutional questions determined act bar interception question second assumption surveillance involved fell within exception provided constitutional issue need reached case fruits wiretap inadmissible statutory grounds criminal proceedings pending respondent plamondon section contents wire oral communication intercepted authority president exercise foregoing powers may received evidence trial hearing proceeding interception reasonable shall otherwise used disclosed except necessary implement power emphasis added determination district reasonable use fruits wiretap plamondon necessary implement purposes tap authorized conclusion long statutory grounds excluding evidence fruits disposed improvident reach constitutional issue thus affirm judgment appeals unless prepared reconsider necessity adversary rather camera hearing respect taint camera proceedings sufficient taint discerned judge case whatever legality tap attorney general affidavit concluded certify prejudice national interest disclose particular facts concerning surveillances camera accordingly sealed exhibit referred herein submitted solely camera inspection copy sealed exhibit furnished defendants request conclusion hearing matter place sealed exhibit sealed envelope return department justice retained seal may submitted appellate may review matter app agree majority analysis import surely congress meant least determined specified circumstances president constitutionally intercept communications without warrant general ban apply limitation applicability confined situations specifically described thus even assuming constitutionality warrantless surveillance authorized president uncover private official graft forbidden federal statute interception illegal type presidential action saved act provision stated text infra claim congress powerless require warrants surveillances president otherwise barred fourth amendment undertaking without warrant see tr oral arg take answer congress forbid president suggest power case mardian assistant attorney general issue well next question suggest say though congress forbid president mardian think rule announced colony catering within certain limits congress severely restrict power president area well let assume congress says attorney general president may authorize attorney general specific situations carry electronic surveillance attorney general certifies clear present danger security mardian think congress already provided well say congress power limit surveillances situations conditions satisfied mardian yes concur honor see also tr oral arg camera document contained affidavit contained comply safe streets act mardian concur honor government appears shifted ground respect initial brief government quoted attorney general affidavit said without qualification grounds upon attorney general authorized surveillance present case brief moreover counsel government stated oral argument camera submission intended justification authorization simply proof fact authorization granted attorney general signature tr oral arg later oral argument however government said affidavit never intended basis justifying surveillance question justification suggest partial justification contained camera exhibit submitted judge keith rely upon affidavit camera exhibit tr oral arg reply brief government says flatly camera documents affidavit proper basis determining ground upon attorney general acted reply brief procedures practice time request issue apparently resulted attorney general merely countersigning request asserted need wiretap told present procedures attorney general makes express written finding clear present danger structure existence government authorizes tap tr oral arg whenever wire oral communication intercepted part contents communication evidence derived therefrom may received evidence trial hearing proceeding grand jury department officer agency regulatory body legislative committee authority state political subdivision thereof disclosure information violation chapter