Despite the critical examination to which many sections of Title III have been subjected, section 2517(5) has received little serious scrutiny from either the courts or the commentators. This note will analyze the constitutionality of the section in terms of the standards which the Supreme Court has articulated, both with respect to the law of search and seizure generally and with respect to electronic surveillance. This examination will reveal that section 2517(5) cannot be sustained under the existing contours of fourth amendment interpretation.
Raymond R. Kepner,
Subsequent Use of Electronic Surveillance Interceptions and the Plain View Doctrine: Fourth Amendment Limitations on the Omnibus Crime Control Act,
U. Mich. J. L. Reform
Available at: https://repository.law.umich.edu/mjlr/vol9/iss3/2