DESIST ET AL.

v.

UNITED STATES

Citator

Cited By

• Desist v. United States, 394 U.S. 244 (U.S. 1969)
  …nts in that case was “an integral part of the premises occupied by the petitioners,” 365 U. S., at 511, and the agents had to penetrate the petitioners’ house with a “spike microphone” before the heating duct could be thus employed. 384 F. 2d 889. 390 U. S. 943. The only other issues which warrant mention relate to the Government’s disclosure to the Court of Appeals of two instances of admittedly trespassory electronic surveillance affecting the petitioners. The Court of Appeals remanded the case to the D…
• United States v. Lewis, 392 F.2d 377 (2d Cir. 1968)
  …the assurance that when a warrant is obtained in a close case, its validity will be upheld. United States v. Ventresca, 380 U.S. at 108-109, 85 S.Ct. 741, 13 L.Ed.2d 684; United States v. Desist, 384 F. 2d 889, 895-897 (2d Cir. 1967), cert. granted, 390 U.S. 943, 88 S.Ct. 1030, 19 L.Ed.2d 1131 (1968); United States v. Freeman, supra. See Jones v. United States, 362 U.S. 257, 270, 80 S.Ct. 725, 4 L.Ed.2d 697 (1960). The statements in Deputy Marshal Machia’s affidavit that Lewis was known to have been convic…
• United States ex rel. Cosme Rosado v. Flood, 394 F.2d 139 (2d Cir. 1968)
  …on is retroactive, cf. Linkletter v. Walker, 381 U.S. 618, 85 S.Ct. 1731, 14 L.Ed.2d 601 (1965); compare Berger v. State of New York, 388 U.S. 41, 87 S.Ct. 1873, 18 L.Ed.2d 1040 (1967), with People v. Kaiser, supra; see also Desist v. United States, 390 U.S. 943, 88 S.Ct. 1030, 19 L.Ed.2d 1131 (1968) (granting certiorari), and whether the wiretapping here accorded with the procedural safeguards required by Katz. A further complication would be that Judge Mishler held that Rosado orally waived any fourth ame…