Potter Stewart

“ The standard of reasonableness embodied in the Fourth Amendment demands that the showing of justification match the degree of intrusion. By its very nature electronic eavesdropping for a 60-day period, even of a specified office, involves a broad invasion of a constitutionally protected area. Only the most precise and rigorous standard of probable cause should justify an intrusion of this sort. I think the affidavits presented to the judge who authorized the electronic surveillance of the Steinman office failed to meet such a standard. ”

“ The issue before us, as Mr. Justice WHITE says, is "whether this search complied with Fourth Amendment standards." For me that issue is an extremely close one in the circumstances of this case. It certainly cannot be resolved by incantation of ritual phrases like "general warrant." Its resolution involves "the unavoidable task in any search and seizure case: was the particular search and seizure reasonable or not?" [2]
I would hold that the affidavits on which the judicial order issued in this case did not constitute a showing of probable cause adequate to justify the authorizing order. ”

“ In short, I think that "electronic eavesdropping, as such or as it is permitted by this statute, is not an unreasonable search and seizure." [1] The statute contains many provisions more stringent than the Fourth Amendment generally requires, as Mr. Justice BLACK has so forcefully pointed out. And the petitioner himself has told us that the law's "reasonable grounds" requirement "is undisputedly equivalant to the probable cause requirement of the Fourth Amendment." This is confirmed by decisions of the New York courts. People v. Cohen, 42 Misc.2d 403, 248 N.Y.S.2d 339; People v. ”