Kolod v. United States, 390 U.S. 136 (1968)

Kolod v. United States

No. 133

Certiorari denied October 9, 1967
Rehearing and certiorari granted and
case decided January 29, 1968
390 U.S. 136

ON PETITION FOR REHEARING

Syllabus

After the petition for writ of certiorari in this case was filed, petitioners’ counsel, as alleged in their petition for rehearing, learned of a government agency’s electronic monitoring of a petitioner’s conversations at his place of business. The Solicitor General sought to justify nondisclosure by the Government on the basis of the Justice Department’s determination that the eavesdropped information was not arguably relevant to this prosecution.

Held: This Court cannot accept the Department’s ex parte determination of relevancy in lieu of such a determination in an adversary District Court proceeding, to be confined to the content of any electronically eavesdropped conversations at petitioner’s place of business and the pertinence thereof to petitioners’ subsequent convictions.

Rehearing and certiorari granted; 371 F.2d 983, vacated and remanded.