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interesting and I think far-reaching statement
when we said there shall be no unreasonable invasion of
privacy, but we must leave to the courts and to the legis-
lature the implementation of this concept. It is a concept
that has existed for many years. It becomes increasingly
important now. However, don't confuse that concept of this
thing of avoiding or eliminating evidence. This is a rule
of evidence. This is a matter for the courts to determine.
It has no place in the Constitution.
Now, as I said, interceptions of communications
and wiretapping, bugging and so forth, is a very, very
complicated matter. This is a matter that the Supreme
Court has ruled on in specific cases. It is not quite
as simple as Delegate Bothe would have you believe.
In the very recent case of Berger versus New York
in a dissent by Judge Black, Justice Black, he pointed
out that the 4th Amendment docs not prohibit the use of
illegally obtained evidence; that it has been in common
law for centuries, and that as long as the evidence is
material it can be introduced.
i:(; di'. point out that he voted for the "iajority