Potter Stewart

“ The recording was made by means of a device concealed upon Vick's person during the November 11 meeting. We thus deal here not with surreptitious surveillance of a private conversation by an outsider, cf. Silverman v. United States, 365 U.S. 505, 81 S.Ct. 679, 5 L.Ed.2d 734, but, as in Lopez v. United States, 373 U.S. 427, 83 S.Ct. 1381, 10 L.Ed.2d 462, with the use by one party of a device to make an accurate record of a conversation about which that party later testified. Unless Lopez v. United States is to be disregarded, therefore, the petitioner cannot prevail. ”

“ I know that.
'Vick: Well, I didn't know that but anway, he brought that up so he got to talking about the last Hoffa case being hung, you know, and some guy refused $10,000 to hang it, see, and he said the guy was crazy, he should've took it, you know, and so we talked about and so just discreetly, you know, and course I'm really playing this thing slow, that's the reason I asked you if you wanted a lawyer down there to handle it or you wanted me to handle it, cause I'm gonna play it easy.
'Osborn: The less people, the better. ”

“ But, even assuming there might otherwise be some force to this distinction, it is enough to point out that in the present case the petitioner also knew he was talking to a law enforcement officer-a member of the Nashville police department.↑ The relevant portion of this affidavit was as follows:↑ The recording device did not operate properly on the occasion of Vick's visit to the petitioner's office on November 8, and Vick made a written statement of what occurred during that meeting. ”

“ United States, 356 U.S. 369, 372, 78 S.Ct. 819, 820, 2 L.Ed.2d 848, for Vick to tell the petitioner, truthfully, that he knew some of the members of the jury panel and that one of them was his cousin. And according to Vick he had said no more when the petitioner 'jumped up,' went out into the alley with him, and initiated the effort to get Elliott 'on our side.' At the most, Vick's statement afforded the petitioner 'opportunities or facilities' for the commission of a criminal offense, and that is § far cry from entrapment. Sherman v. United States, supra, at 372, 78 S.Ct., at 821 ”

“ Price, 364 U.S. 263, 272, 80 S.Ct. 1463, 1468, 4 L.Ed.2d 1708 (separate opinion) ; see McDonald v. United States, 335 U.S. 451, 455, 69 S.Ct. 191, 193, 93 L.Ed. 153; Abel v. United States, 362 U.S. 217, 251-252, 80 S.Ct. 683, 703, 4 L.Ed.2d 668 (dissenting opinion) , could be made a precondition of lawful electronic surveillance. * * *' Lopez v. ”