U.S. Court of Appeals for the Ninth Circuit, 1967

David Olney v. United States

U.S. Court of Appeals for the Ninth Circuit · Decided June 16, 1967 · Chambers, Merrill, Ely

380 F.2d 28; 1967 U.S. App. LEXIS 5992 (Federal Reporter, Second Series)

Counsel

Oscar D. Howlett, Portland, Or., for appellant., Sidney I. Lezak, U. S. Atty., Charles H. Habernigg, Michael Morehouse, Asst. U. S. Attys., Portland, Or., for appellee.

Cases that cite this one

2 later published cases cite this decision.

David W. Olney v. United States (9th Cir. 1970)
Coates v. United States (District Court, E.D. Missouri 1970)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

Olney was convicted on nine counts involving the illegal possession and sale of narcotics. On appeal he claims that his Fourth Amendment rights were violated because a police officer overheard telephone conversations between himself and one Cartwright. Cartwright, a narcotics purchaser turned special employee (informant) for the Federal Bureau of Narcotics, gave the officer permission to listen to the conversations on his extension phone.

We find no merit to this appeal. Listening in on a telephone conversation on an extension phone with the consent of one party does not constitute a search prohibited by the Fourth Amendment. Olmstead v. United States, 277 U.S. 438, 48 S.Ct. 564, 72 L.Ed. 944. *29 It is also established that this is not a prohibited interception within the meaning of 47 U.S.C. § 605. Rathun v. United States, 355 U.S. 107, 78 S.Ct. 161, 2 L.Ed. 2d 134.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.