Louisiana Law Review Volume 42 | Number 4 Summer 1982 Electronic Surveillance, the Mafia and Individual Freedom Benjamin M. Shieber Louisiana State University Law Center Repository Citation Benjamin M. Shieber, Electronic Surveillance, the Mafia and Individual Freedom, 42 La. L. Rev. (1982) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol42/iss4/5 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact
[email protected]. ELECTRONIC SURVEILLANCE, THE MAFIA, AND INDIVIDUAL FREEDOM* Benjamin M. Shieber** I. INTRODUCTION The United States Constitution affects the ability of federal, state and local governments to combat criminal activity. Since the relevant constitutional provisions are in the form of broadly stated legal commands,' the constitutionality of specific law enforcement practices can only be determined when the courts, ultimately the Supreme Court of the United States, interpret these commands in cases in which they are challenged. As has long been recognized, the judicial role in the interpretation process is a creative one, for when conflicting policies compete for ac- ceptance, a court's interpretation will further one policy at the expense of another.' The court's policy preference can only be rational and respon- sible when it is based on "considerations of what is expedient for the community concerned."'3 This requires the court to know the communi- ty, determine how implementation of each competing policy would af- fect it, and choose the policy of greatest utility for that community.' Cases involving electronic surveillance' by law enforcement agen- * Copyright 1982, Benjamin M.