“ Petitioner contends that he is entitled to a judicial determination of the existence and legality of electronic eavesdropping. He argues that the United States has never stated unequivocally that no electronic eavesdropping occurred. The Solicitor General relies on the letter which I have quoted. Moreover, he indicates that the procedure followed below is in accordance with 'statutory procedures now provided with respect to claims of illegal electronic surveillance in proceedings occurring after October 15, 1970. ”

“ That is the question here and is obviously not controlled by administrative practice or the Omnibus Crime Act, both of which are subordinate to the Constitution.
The procedure to be designed here is not relevant only to criminals.
Electronic surveillance is today common and pervasive, as we know from reports filed pursuant to § 2519 (3) of the Act [7] and from various Senate and House investigations, including the one just concluded by Senator Ervin. ”

“ They either make it in the Supreme Court or they make it in the Seventh Circuit, but we haven't got down to the lower echelon yet where that has been disclosed even by the Solicitor General.'↑ 'While the defendant takes the position that disclosure in open court is the constitutionally preferred procedure, he submits at the same time that an in camera determination of legality or illegality was required as an absolute constitutional minimum under the Fourth Amendment.' (App. brief in C.A., 62-63.) ”