LOCATION: The White House
DOCKET NO.: 72-1319
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: United States Court of Appeals for the Ninth Circuit
CITATION: 416 US 580 (1974)
DECIDED: May 13, 1974
ARGUED: Jan 08, 1974
James F. Hewitt - for respondents
Robert H. Bork - for petitioner
Facts of the case
Media for United States v. Chavez
Audio Transcription for Opinion Announcement - May 13, 1974 in United States v. Chavez
Byron R. White:
In the Chavez case, the Attorney General himself approved the application, but the application mistakenly identified the officer who actually had approved the application.
This procedure also did not comply with the act, but in this case, we think that the evidence obtained from a wiretap, under Section order, is admissible in evidence.
Here, different from the Giordano case, the officer, required by the act to approve the application, actually did approve the application.
And the mistake in identification was not the kind of a default which we think under the terms of the act requires the exclusion of the evidence.
The Court of Appeals for the Ninth Circuit had arrived with the opposite conclusion in this respect, and so we reverse their judgment.
There is another aspect of the judgment in which we agree with the Court of Appeals for the Ninth Circuit.
Mr. Justice Douglas joined by Mr. Justice Brennan, Mr. Justice Stewart, and Mr. Justice Marshall has filed a dissenting opinion.