Sandra Day O'Connor

“ I join the Court's opinion on the understanding that a "satisfactory explanation" within the meaning of 18 U.S.C. § 2518 (8) (a) cannot merely be a reasonable excuse for the delay; it must also reflect the actual reason for the delay. Thus, as the Court today holds, an appellate court's review of the sufficiency of the Government's explanation for a delay should be based on the findings made and evidence presented in the district court, rather than on a post hoc explanation given for the first time on appeal. ”

“ The ordinary citizen is often charged with presumptive knowledge of laws even when they are complex and confusing. A similar presumption should apply to a federal prosecutor responsible for insuring that a prolonged and extensive program of electronic surveillance is conducted in compliance with the law. Moreover, when issues turn on the details of such an investigation in this case involving 1,011 tapes made pursuant to 8 separate orders and 17 extensions-I believe we should give special deference to the consistent evaluations of the record by the District Court and the Court of Appeals. ”

“ Chief Judge Oakes succinctly stated the concern that is decisive for me: "We think that unfortunately the failure to seal the Levittown tapes here resulted from a disregard of the sensitive nature of the activities undertaken. ”