Goldman v. United States, 316 U.S. 129 (1942)

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Goldman v. United States

No. 962

Argued February 5, 6, 1942
Decided April 27, 1942
316 U.S. 129

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. Refusal of the judge in the trial of a criminal case in the federal court to allow defendant to inspect the memoranda of Government witnesses -- where the memoranda were not used by the witnesses in court, but only to refresh their recollection prior to testifying, and were also part of the Government’s files -- held not an abuse of discretion. P. 132.

2. Divulgence of a person’s telephone conversation, overheard as it was spoken into the telephone receiver, does not violate § 605 of the Federal Communications Act, as in such case there is neither a "communication" nor an "interception" within the meaning of the Act. P. 133.

3. Evidence obtained by federal agents by use of a detectaphone, applied to the wall of a room adjoining the office of the defendant, held not unlawfully obtained as a consequence of a prior trespass committed by the agents in the defendant’s office where such trespass, as found by the courts below, did not aid materially in the use of the detectaphone. P. 134.

4. The use by federal agents of a detectaphone, whereby conversations in the office of a defendant were overheard through contact on the wall of an adjoining room, did not violate the Fourth Amendment, and evidence thus obtained was admissible in a federal court. P. 135.

118 F.2d 310 affirmed.

Certiorari, 314 U.S. 701, to review the affirmance of convictions of conspiracy to violate the Bankruptcy Act.