Quimbee logo
DMCA.com Protection Status
From our private database of 19,800+ case briefs...

Berger v. New York

United States Supreme Court
388 U.S. 41 (1967)


A New York state law authorized judges to grant warrants for eavesdropping via wiretap if there was reasonable ground to believe that the eavesdropping would uncover evidence of a crime. The state law required an oath of a district attorney, attorney general, or high-ranking police officer that such reasonable grounds existed for the eavesdropping. The oath was required to state at whom the eavesdropping was directed, the telephone number involved, and the duration of the eavesdropping, which could not be longer than two months. The State of New York (plaintiff) brought a claim against Ralph Berger (defendant) for bribery after wiretapping a conversation between Berger and a third party. Berger challenged the constitutionality of the statute, arguing that it violated the Fourth Amendment. The trial court held the statute was valid and the appellate court affirmed. The United States Supreme Court granted certiorari.

Rule of Law


Holding and Reasoning (Clark, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 507,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 507,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 19,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial