Supreme Court of the United States, 1969

Taglianetti v. United States

Supreme Court of the United States · Decided March 24, 1969 · Black, Marshall

394 U.S. 316; 89 S. Ct. 1099; 22 L. Ed. 2d 302; 1969 U.S. LEXIS 3283; 23 A.F.T.R.2d (RIA) 995 (United States Reports)

Counsel

Raymond LaFazia for petitioner., Solicitor General Griswold and Assistant Attorney General Rogovin for the United States.

Cases that cite this one

158 later published cases cite this decision. The 25 that cite it most often are listed here.

United States v. Cassius Marsellus Clay, Jr. (5th Cir. 1970)
United States v. United States District Court for the Eastern District of Michigan, Southerndivision and Honorable Damon J. Keith (6th Cir. 1971)
United States v. John William Butenko and Igor A. Ivanov. Appeal of Igor A. Ivanov (3d Cir. 1974)
United States v. Morton Paul Kane and Martin Sklaroff (5th Cir. 1971)
In re Dellinger (District Court, N.D. Illinois 1973)
Humphreys v. State (Okla. Crim. App. 1997)
Ex Parte DeBruce (Ala. 1994)
People v. Hobbs (Cal. 1994)
Jesse Joseph Trujillo v. George E. Sullivan (10th Cir. 1987)
State Ex Rel. Carkulis v. District Court of the Thirteenth Judicial District (Mont. 1987)
United States v. William J. Scott (7th Cir. 1982)
United States v. Judith Emily Bissell (9th Cir. 1980)
United States v. Robert I. Falk (7th Cir. 1979)
State v. O'CONNELL (Iowa 1979)
People v. Myers (Ill. App. Ct. 1976)
Bertram Zweibon v. John N. Mitchell, Individually and as Attorney General of the United States of America (D.C. Cir. 1975)
United States v. James Walter Scott (9th Cir. 1975)
United States v. Michael Sidney Walk (9th Cir. 1975)
United States v. John R. Morse, and Alice Morse (1st Cir. 1974)
United States v. Jeris E. Bragan (4th Cir. 1974)
Russell Bufalino v. Immigration and Naturalization Service (3d Cir. 1973)
United States v. Arthur Nasser, United States of America v. Richard W. Hauff (7th Cir. 1973)
Joseph Michael Lacaze, and Douglas Arceneaux v. United States (5th Cir. 1972)
Jesse Louis Jones v. United States (9th Cir. 1971)
Schacht v. United States (Supreme Court of the United States 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.

The petition for certiorari is granted and the judgment of the Court of Appeals is affirmed. 1 Following a jury trial in the District Court, petitioner was convicted on three counts of wilfully attempting to evade his income tax for the years 1956, 1957, and 1958. Following a remand to the District Court, the Court of Appeals affirmed the convictions. In the District Court on *317 remand, the Government purported to turn over to petitioner all of his own conversations which had been overheard by means of unlawful electronic surveillance. 2 Petitioner argues that he was entitled to examine additional surveillance records because neither the Government nor the District Court was able to determine with certainty which conversations petitioner had been a party to. In fact, the District Court examined all the records in camera to ascertain if the Government had correctly identified petitioner’s voice and had turned over to petitioner each conversation in which he had participated.

Nothing in Alderman v. United States, Ivanov v. United States, or Butenko v. United States, ante, p. 165, requires an adversary proceeding and full disclosure for resolution of every issue raised by an electronic surveillance. On the contrary, an adversary proceeding and disclosure were required in those eases, not for lack of confidence in the integrity of government counsel or the trial judge, but only because the in camera procedures at issue there would have been an inadequate means to safeguard a defendant’s Fourth Amendment rights. Here the defendant was entitled to see a transcript of his own conversations and nothing else. He had no right to rummage in government files. The trial court was asked to identify only those instances of surveillance which petitioner had standing to challenge under the Fourth Amendment exclusionary rule and to double-check the accuracy of the Government’s voice identifications. Under the circumstances presented here, we can *318 not hold that “the task is too complex, and the margin for error too great, to rely wholly on the in camera judgment of the trial court.” Alderman v. United States, supra, at 182.

MR. Justice Black concurs in the result. Mr. Justice Marshall took no part in the consideration or disposition of this case.

Although this petition for certiorari was not filed within the 30 days allowed by the Court’s Rule 22 (2), the time limitation is not jurisdictional, Heflin v. United States, 358 U. S. 415, 418, n. 7 (1959), and does not bar our exercise of discretion to consider this case.

Petitioner sought disclosure only of his own conversations and apparently lacks standing as to any others. “We do not understand appellant to argue that he has a right to inspect logs or memos of conversations in which he was not a participant. Indeed, that point he wisely conceded before the district court.” 398 F. 2d 568, 571.

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