Sunday, May 17, 2009

United States v. White, 401 U.S. 745 (1971)

Facts

White and Jackson, an informant, had conversations regarding narcotics transactions.  The informant was wearing a radio transmitter so agents could overhear the conversations.

Procedural History

Jackson could not be located for trial and the trial court overruled objections of to the agents’ testimony who conducted the surveillance.  White was found guilty by a jury and the Court of Appeals reversed, interpreting the Fourth Amendment to forbid the introduction of the agents’ testimony in the circumstances.

Issue(s)

Does the Fourth Amendment bar testimony of government agents who related conversations overheard from a radio transmitter?

Holding(s)

No.

Reasoning/Analysis

The Court found that based on Hoffa and Lewis, if the law gives no protection to the wrongdoer whose trusted accomplice is or becomes a police agent, neither should it protect him when that same agent has recorded or transmitted the conversations which are later offered in evidence.

Judgment/Outcome

The Court reversed the judgment of the Court of Appeals.

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