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United States Vs. White
Cites for this judgment
- US Supreme Court
- Apr 05, 1971
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U.S. 745 (1971) U.S. Supreme Court United States v. WhiteSearch
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U.S. 745 (1971) United States v. WhiteSearch
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court overruled objections to the testimony of the agents who conducted the electronic surveillance. Reading Katz v. UnitedSearch
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States, 389 U. S. 347 (1967), as overruling On Lee v. UnitedSearch
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the contents of conversations with an accused does not violate the Fourth Amendment, and this Court's decision in Katz v. UnitedSearch
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witness does not create any Fourth Amendment issue. Pp. 401 U. S. 753 -754. 3. Since the decision in Katz v. UnitedSearch
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States, supra, was not retroactive, Desist v. UnitedSearch
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U. S. 754 . MR. JUSTICE BLACK concurred in the judgment for the reasons set forth in his dissent in Katz v. UnitedSearch
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U. S. 746 MR. JUSTICE BRENNAN, to the extent that he joined in the Court's judgment, concluded that Desist v. UnitedSearch
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surveillance. The jury returned a guilty verdict, and defendant appealed. The Court of Appeals read Katz v. UnitedSearch
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Page 401 U. S. 748 I Until Katz v. UnitedSearch
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Olmstead v. UnitedSearch
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Goldman v. UnitedSearch
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heard, as well as tangible objects seized, was considered the inadmissible fruit of an unlawful invasion. Silverman v. UnitedSearch
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Wong Sun v. UnitedSearch
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Berger v. NewSearch
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Alderman v. UnitedSearch
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States, 394 U. S. 165 , 394 U. S. 177 -178 (1969). Katz v. UnitedSearch
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that a person with whom he is conversing will not then or later reveal the conversation to the police. Hoffa v. UnitedSearch
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Hoffa v. UnitedSearch
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to defendant's home a secret agent who conceals his identity and makes a purchase of narcotics from the accused, Lewis v. UnitedSearch
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electronic equipment to record the defendant's words and the evidence so gathered is later offered in evidence. Lopez v. UnitedSearch
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be excluded from evidence. To reach this result, it was necessary for the Court of Appeals to hold that On Lee v. UnitedSearch
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his encounters with the defendant and without otherwise violating the latter's Fourth Amendment rights. Hoffa v. UnitedSearch
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defendant, either (1) simultaneously records them with electronic equipment which he is carrying on his person, Lopez v. UnitedSearch
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either to recording equipment located elsewhere or to other agents monitoring the transmitting frequency. On Lee v. UnitedSearch
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has recorded or transmitted the conversations which are later offered in evidence to prove the State's case. See Lopez v. UnitedSearch
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Lopez v. UnitedSearch
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the defendant's Fourth Amendment rights. II The Court of Appeals was in error for another reason. In Desist v. UnitedSearch
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States, 394 U. S. 244 (1969), we held that our decision in Katz v. UnitedSearch
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took place in late 1965 and early 1966, long prior to Katz. We adhere to the rationale of Desist, see Williams v. UnitedSearch
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is so ordered. Page 401 U. S. 755 MR. JUSTICE BLACK, while adhering to his views expressed in Linkletter v. WalkerSearch
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U. S. 640 (1965), concurs in the judgment of the Court for the reasons set forth in his dissent in Katz v. UnitedSearch
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Other courts of appeals have considered On Lee viable despite Katz. Dancy v. UnitedSearch
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Long v. UnitedSearch
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Koran v. UnitedSearch
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States, 408 F.2d 1321 (CA5 1969). See also United States v. KauferSearch
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United States v. JacksonSearch
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Doty v. UnitedSearch
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id. at 893 (rehearing 1969). MR. JUSTICE BRENNAN, concurring in the result. I agree that Desist v. UnitedSearch
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of this case on that ground. However, my Brothers DOUGLAS, HARLAN, and WHITE also debate the question whether On Lee v. UnitedSearch
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go further. It is my view that the reasoning of both my Brothers DOUGLAS and HARLAN compels the conclusion that Lopez v. UnitedSearch
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Katz v. UnitedSearch
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See Appendix I to this dissent. Yet as Judge Ferguson said in United States v. SmithSearch
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in the Justice Department, The Progressive, April 1971, p. 27. II We held in Berger v. NewSearch
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breadth, generality, and long life of the general warrant against which the Fourth Amendment was aimed. In Katz v. UnitedSearch
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device are now covered by the Fourth Amendment. There were prior decisions representing an opposed view. In On Lee v. UnitedSearch
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there was no trespass, was the core of the On Lee decision. Id. at 343 U. S. 751 -754. Lopez v. UnitedSearch
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U.S. at 389 U. S. 357 . Camara v. MunicipalSearch
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U.S. Supreme Court United States v. WhiteSearch
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