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An Ex Parte Order May Not Serve The Function Of A Search Warrant Under The Fourth Amendment To Authorize A Physical Intrusion In Connection With A "Search" For Conversations--People V. Grossman, Michigan Law Review

Michigan Law Review

There was probable cause to believe that defendant Scandifia was implicated in a larceny of jewelry by false pretenses. Pursuant to section 813-a of the New York Code of Criminal Procedure, the Supreme Court in New York County issued an ex parte order authorizing the installation of an eavesdropping device in a service station owned by Scandifia. Shortly thereafter, police broke into the station's private office and installed a microphone. Conversations were overheard which indicated that defendant Grossman had in his possession two pistols received from Scandifia. An affidavit setting forth these conversations supplied the sole probable cause for a …