The Georgia Eavesdropping Statute: A Critical Examination in Light of Berger v. New York

Authors

• R. W. S., Jr.

Publication Date

1968

Abstract

Mr. Justice Brandeis, dissenting in Olmstead v. United States,2 observed that: Ways may some day be developed by which the Government, without removing papers from secret drawers, can reproduce them in court, and by which it will be enabled to expose to a jury the most intimate occurrences of the home. With the advent of miniaturized circuits and the corresponding subtlety of eavesdropping devices Brandeis' prediction has become a substantial reality. Tubular and parabolic microphones, for example, can intercept conversations held hundreds of yards away and, reportedly, a microwave beam has been developed which can penetrate virtually any obstacle. Wireless transmitters, cleverly disguised as sugar cubes or as martini olives broadcasting via toothpick aerials, are not only effective but virtually im- possible to detect. Certain applications of these technological advances have met with harsh criticism and legitimate public concern. Proponents of police eavesdrop- ping, however, have emphasized the need for such devices in crime detection and prevention. They argue that certain "vice" offenses, perpetrated by the crime syndicates, such as narcotics violations, gambling, and prostitution, are often immune to any other form of detection since usually no complaining victims are involved, or elaborate secrecy precautions have been taken. Without sophisticated eavesdropping techniques, it is argued, much of this activity would go unchecked.

Recommended Citation

S.,, R. W. Jr. (1968) "The Georgia Eavesdropping Statute: A Critical Examination in Light of Berger v. New York," Georgia Law Review: Vol. 2: No. 4, Article 6.
Available at: https://digitalcommons.law.uga.edu/glr/vol2/iss4/6