opinion: GIORDANO v. UNITED STATES.
  No. 28.
  Decided March 24, 1969
  Carlton Roeser for petitioner in No. 28. Irving Anolik for petitioner in No. 54. Maurice Edelbaum for petitioner Franzese, William L. Lynch for petitioner Crabbe, Raymond A. Brown for petitioner Matera, and Peter L. F. Sabbatino for petitioner Potere in No. 84. Raymond J. Smith and Morris A. Haft for petitioner in No. 106. Maurice J. Walsh and John Powers Crowley for petitioner in No. 124. Charles A. Bellows for petitioner in No. 129. Ediuard Bennett Williams, Harold Ungar, Steven M. Umin, and Mr. Walsh for petitioner in No. 168. Charles Morgan, Jr., Howard Moore, Jr., George Pontikes, Marvin Karpatkin, Melvin L. Wulf, and Eleanor H. Norton for petitioner in No. 271. Edward J. Caliban, Jr., Mr. Crowley, and Robert S. Bailey for petitioners in No. 317. Anthony J. DeMarie for petitioner in No. 474. Morris A. Shenker, Joseph A. Fanelli, Jacques M. Schiffer, Cecil D. Branstetter, and Daniel B. Maher for petitioners in No. 546. Clyde W. Woody and Marian S. Rosen for petitioner in No. 668. Herald Price Fahringer and Frank G. Raichle for petitioner in No. 715. Messrs. Walsh and Shenker for petitioner Hoffa, George Callaghan for petitioner Strate, Richard E. Gorman for petitioner Burris, Mr. Schiffer for petitioner Weinblatt, and Harvey M. Silets for petitioner Kovens in No. 895. Frank Ragano for petitioner in No. 911.
  Solicitor General Griswold for the United States in No. 28. Solicitor General Griswold, Assistant Attorney General Vinson, Beatrice Rosenberg, and Sidney M. Glazer for the United States in No. 54. Solicitor General Griswold, Assistant Attorney General Vinson, Miss Rosenberg, and Roger A. Pauley for the United States in Nos. 84, 271, and 317. Solicitor General Griswold, Assistant Attorney General Vinson, and Miss Rosenberg for the United States in Nos. 106, 129, and 168. Solicitor General Griswold, Assistant Attorney General Vinson, Miss Rosenberg, and Leonard H. Dickstein for the United States in No. 124. Solicitor General Griswold, Assistant Attorney General Vinson, Jerome M. Feit, and Mr. Glazer for the United States in No. 474. Solicitor General Griswold, Assistant Attorney General Vinson, Theodore George Gilinsky, and Mr. Pauley for the United States in No. 546. Solicitor General Griswold, Assistant Attorney General Vinson, Miss Rosenberg, and Paul C. Summitt for the United States in No. 668. Solicitor General Griswold, Assistant Attorney General Wilson, Mr. Feit, and Kirby W. Patterson for the United States in No. 715. Solicitor General Griswold, Assistant Attorney General Wilson, Miss Rosenberg, and Mr. Feit for the United States in Nos. 895 and 911.
  Together with No. 54, Scandifia v. United States; No. 84, Franzese et al. v. United States; No. 106, Evans v. United States; No. 124, Aiuppa v. United States; No. 129, Amabile v. United States; No. 168, Battaglia v. United States; No. 271, Clay, aka Ali v. United States; No. 317, Di Pietto et al. v. United States; No. 474, Natarelli v. United States; No. 546, Hoffa et al. v. United States; No. 668, Stassi v. United States; No. 715, Randaccio v. United States; No. 895, Hoffa et al. v. United States; and No. 911, Dranow v. United States, also on petitions for writs of certiorari. Nos. 54, 84, 474, and 715 are to the United States Court of Appeals for the Second Circuit; Nos. 271 and 668 are to the Court of Appeals for the Fifth Circuit; No. 546 is to the Court of Appeals for the Sixth Circuit; Nos. 106, 129, 168, 317, 895, and 911 are to the Court of Appeals for the Seventh Circuit; and No. 124 is to the Court of Appeals for the Tenth Circuit.
  Per Curiam.
  The petitions for writs of certiorari are granted, except that in No. 84 the writ is granted as to petitioner Franzese only and denied as to the other petitioners, and in No. 317 the petition is granted as to petitioners Mirro and McDonnell only and denied as to the other petitioners. The judgments of the Courts of Appeals in these cases are vacated, and the cases remanded to the respective District Courts for further proceedings in conformity with Alderman v. United States, Ivanov v. United States, and Butenko v. United States, ante, p. 165. It is not evident from the records in some of these cases whether the surveillances at issue were unlawful. It may be that the overhearings in some instances were not achieved by trespass, see Katz v. United States, 389 U. S. 347 (1967); Desist v. United States, ante, p. 244, and Kaiser v. New York, ante, p. 280, or for some other reasons were not unlawful. As we held in Alderman, Ivanov, and Butenko, ante, at 170, n. 3, “the District Court must develop the relevant facts and decide if the Government’s electronic surveillance was unlawful.” Of course, a finding by the District Court that the surveillance was lawful would make disclosure and further proceedings unnecessary. Similarly, it is not clear that each petitioner has standing to assert the illegality of the surveillance or of the introduction of its fruits. As in Alderman, Ivanov, and Butenko, these issues are to be resolved by the District Courts in the first instance.
  Mr. Justice Black dissents, except in Nos. 895 and 911, in the consideration and disposition of which he took no part.
  Mr. Justice White took no part in the consideration or disposition of Nos. 546, 895, and 911.
  Mr. Justice Marshall took no part in the consideration or disposition of Nos. 28, 106, 129, 168, 271, 546, 895, and 911.
  We read the papers filed by the United States in these two cases as stating that the surveillances neither invaded the premises of the other petitioners nor overheard their conversations.
choices: involuntary confession habeas corpus plea bargaining: the constitutionality of and/or the circumstances of its exercise retroactivity (of newly announced or newly enacted constitutional or statutory rights) search and seizure (other than as pertains to vehicles or Crime Control Act) search and seizure, vehicles search and seizure, Crime Control Act contempt of court or congress self-incrimination (other than as pertains to Miranda or immunity from prosecution) Miranda warnings self-incrimination, immunity from prosecution right to counsel (cf. indigents appointment of counsel or inadequate representation) cruel and unusual punishment, death penalty (cf. extra legal jury influence, death penalty) cruel and unusual punishment, non-death penalty (cf. liability, civil rights acts) line-up discovery and inspection (in the context of criminal litigation only, otherwise Freedom of Information Act and related federal or state statutes or regulations) double jeopardy ex post facto (state) extra-legal jury influences: miscellaneous extra-legal jury influences: prejudicial statements or evidence extra-legal jury influences: contact with jurors outside courtroom extra-legal jury influences: jury instructions (not necessarily in criminal cases) extra-legal jury influences: voir dire (not necessarily a criminal case) extra-legal jury influences: prison garb or appearance extra-legal jury influences: jurors and death penalty (cf. cruel and unusual punishment) extra-legal jury influences: pretrial publicity confrontation (right to confront accuser, call and cross-examine witnesses) subconstitutional fair procedure: confession of error subconstitutional fair procedure: conspiracy (cf. Federal Rules of Criminal Procedure: conspiracy) subconstitutional fair procedure: entrapment subconstitutional fair procedure: exhaustion of remedies subconstitutional fair procedure: fugitive from justice subconstitutional fair procedure: presentation, admissibility, or sufficiency of evidence (not necessarily a criminal case) subconstitutional fair procedure: stay of execution subconstitutional fair procedure: timeliness subconstitutional fair procedure: miscellaneous Federal Rules of Criminal Procedure statutory construction of criminal laws: assault statutory construction of criminal laws: bank robbery statutory construction of criminal laws: conspiracy (cf. subconstitutional fair procedure: conspiracy) statutory construction of criminal laws: escape from custody statutory construction of criminal laws: false statements (cf. statutory construction of criminal laws: perjury) statutory construction of criminal laws: financial (other than in fraud or internal revenue) statutory construction of criminal laws: firearms statutory construction of criminal laws: fraud statutory construction of criminal laws: gambling statutory construction of criminal laws: Hobbs Act; i.e., 18 USC 1951 statutory construction of criminal laws: immigration (cf. immigration and naturalization) statutory construction of criminal laws: internal revenue (cf. Federal Taxation) statutory construction of criminal laws: Mann Act and related statutes statutory construction of criminal laws: narcotics includes regulation and prohibition of alcohol statutory construction of criminal laws: obstruction of justice statutory construction of criminal laws: perjury (other than as pertains to statutory construction of criminal laws: false statements) statutory construction of criminal laws: Travel Act, 18 USC 1952 statutory construction of criminal laws: war crimes statutory construction of criminal laws: sentencing guidelines statutory construction of criminal laws: miscellaneous jury trial (right to, as distinct from extra-legal jury influences) speedy trial miscellaneous criminal procedure (cf. due process, prisoners' rights, comity: criminal procedure)