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Alderman Et Al. v. United States

Citations: 392 U.S. 919; 88 S. Ct. 2257Docket: 133

Court: Supreme Court of the United States; June 17, 1968; Federal Supreme Court; Federal Appellate Court

Narrative Opinion Summary

The Supreme Court of the United States has reinstated the motion filed by the United States for reargument concerning the electronic surveillance of a petitioner's business, initially raised on January 29, 1968. The case involves key legal issues related to the disclosure and use of surveillance records. The Court is set to address whether the trial judge should perform an in camera inspection of these records to decide on their disclosure to the petitioners, along with the standards governing such decisions, including relevance and potential reputational harm. Additionally, the Court will examine the criteria for determining the standing of petitioners to challenge the use of surveillance information, specifically concerning whether one petitioner can object to the use of information obtained, irrespective of his presence during the surveillance. Justice Marshall abstained from participating in this order's consideration or decision. The outcome of these deliberations will significantly impact the legal standards governing electronic surveillance and privacy rights.

Legal Issues Addressed

In Camera Inspection of Surveillance Records

Application: The trial judge must consider the necessity of reviewing surveillance records in camera to decide on the disclosure to petitioners.

Reasoning: The necessity of in camera inspection of the surveillance records by the trial judge to determine if disclosure to the petitioners is warranted, and the extent of such disclosure.

Standards for Disclosure of Surveillance Records

Application: The trial judge should apply standards such as relevance and potential harm to individuals or reputations when considering the disclosure of surveillance records.

Reasoning: The standards the trial judge should apply in considering whether to order the records to be disclosed, including relevance and potential harm to individuals or reputations.

Standing to Contest Use of Surveillance Information

Application: The criteria for determining standing include whether petitioners, such as Alderisio, can object to the use of surveillance information even if not present during the conversations.

Reasoning: The criteria for determining the standing of each petitioner to contest the use of information obtained from the surveillance, particularly whether Alderisio can object to the use of information regardless of his presence during the overheard conversations.