462.) Writ of Certiorari filed in this case which seeks rever- . It also appears that the Government agents overheard Shulman's end of some outside telephone conversations. 544, 551, 54 L.Ed. Act of June 19, 1934, 48 Stat. It is our duty to see that this historic provision receives a construction sufficiently liberal and elastic to make it serve the needs and manners of each succeeding generation. 376,8 Gov- 51-2. [ U.S. 129, 141] 1030, and May, Constitutional History of England (2d ed. 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. U.S. 383 217 Words spoken in a room in the presence of another into a telephone receiver do not constitute a communication by wire within the meaning of the section. Their homes were not entered. SHULMAN v. SAME. 746, and Justice Brandeis' memorable dissent in Olmstead v. United States, 277 U.S. 438, 471, 48 S.Ct. It is strange doctrine that keeps inviolate the most mundane observations entrusted to the permanence of paper, but allows the revelation of thoughts uttered within the sanctity of private quarters, thoughts perhaps too intimate to be set down even in a secret diary, or indeed, utterances about which the common law drew the cloak of privilege -- the most confidential revelations between husband and wife, client and lawyer, patient and physician, and penitent and spiritual adviser. 2. At the preliminary hearing, and at the trial, counsel for petitioners demanded that they be permitted to inspect the notes and memoranda made by the agents during the investigation, the agents having admitted they had refreshed their recollection from these papers prior to testifying. The petitioners and another were indicted for conspiracy1 to violate 29, sub. ] Ex parte Jackson, The trial judge ruled that the papers need not be exhibited by the witnesses. We hold that the overhearing and divulgence of what Shulman said into a telephone receiver was not a violation of Section 605. Gen., for respondent. P. 316 U. S. 134. Section 3 embodies the following definition:5. ] Compare Diamond v. United States, 6 Cir., 108 F.2d 859, 860; United States v. Polakoff, 2 Cir., 112 F.2d 888, 890, 134 A.L.R. Goldman v. United States Shulman Argued: Feb. 5, 6, 1942. The judge was clearly right in his ruling at the preliminary hearing, as the petitioners should not have had access, prior to trial, to material constituting a substantial portion of the Government's case. [Periodical] Retrieved from the Library of Congress, https://www.loc.gov/item/usrep316129/. 153; United States v. Lefkowitz, Names Roberts, Owen Josephus (Judge) Supreme Court of the United States (Author) Created / Published 1941 Headings - Law - Witnesses - Law Library - Supreme Court - United States - Government Documents - Judicial review and appeals - Bankruptcy - Lawyers and legal services We think it the better rule that where a witness does not use his notes or memoranda in court, a party has no absolute right to have them produced and to inspect them. Cf. UNITED STATES Court: U.S. 524, 29 L.Ed. 702 Argued December 13, 14, 1917 Decided January 14, 1918 245 U.S. 474 Syllabus The Selective Draft Law of May 18, 1917, upheld as constitutional on the authority of the Selective Draft Law Cases, ante, 245 U. S. 366, in a case of conspiracy to violate the act by dissuading persons from registering. Cf. This was for the purpose of overhearing a conference with Hoffman set for the following afternoon. Footnote 8 I cannot agree for to me it is clear that the use of the detectaphone under the circumstances revealed by this record was an unreasonable search and seizure within the clear intendment of the Fourth Amendment. They provide a standard of official conduct which the courts must enforce. Where, as here, they are not only the witness' notes, but are also part of the Government's files, a large discretion must be allowed the trial judge. protected from examination by federal statute,7 but it could not rightly be claimed that the office carbon of such letter, or indeed the letter itself before it has left the office of the sender, comes within the protection of the statute. . United States, 302 U.S. 379, nor the petitioners' rights under the Fourth Amendment, cf. 341. If an article link referred you here, please consider editing it to point directly to the intended page. ] The Olmstead case limits the search and seizure clause to 'an official search and seizure of his (defendant's) person or such a seizure of his papers or his tangible material effects, or an actual physical invasion of his house 'or curtilage' for the purpose of making a seizure.' [316 While the detectaphone is primarily used to obtain evidence, and while such use appears to be condemned by the rulings of this Court in Gouled v. United States, 255 U. S. 298, and United States v. Lefkowitz, 285 U. S. 452, I am not prepared to say that this purpose necessarily makes all detectaphone "searches" unreasonable, no matter what the circumstances, or the procedural safeguards employed. Mr. Justice JACKSON took no part in the consideration or decision of these cases. But even if Olmstead's case is to stand, it does not govern the present case. U.S. 727 [ Criminal procedure, - 1368. 6 104, 2 Ann.Cas. Description based on online resource; title from PDF cover Hsia, Tao-Tai - Law Library of Congress (U.S.). III, pp. , 6 S.Ct. U.S. 129, 131] The petitioners were not physically searched. Goldman v. United States: 316 U.S. 129: 1942: Milcor Steel Company v. George A. Fuller Company: 316 U.S. 143: 1942: Federal Trade Commission v. Raladam Company: 316 . Both courts below have found that the trespass did not aid materially in the use of the detectaphone. The decisions of this Court prior to the Olmstead case insisted on a liberal construction of the Fourth Amendment, and placed within its compass activities bearing slight, if any, resemblance to the mischiefs known at the time of its adoption. ] Criminal Code 37, 18 U.S.C. ROBERT E. GOLDMAN, PETITIONER v. UNITED STATES OF AMERICA ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT BRIEF FOR THE UNITED STATES IN OPPOSITION OPINIONS BELOW The opinion of the court of appeals (Pet. It does not ordinarily connote the obtaining of what is to be sent before, or at the moment, it leaves the possession of the proposed sender, or after, or at the moment, it comes into the possession of the intended receiver. They had with them another device, a detectaphone having a receiver so delicate as, when placed against the partition wall, to pick up sound waves originating in Shulman's office, and means for amplifying and hearing them. Suffice it to say that the spiritual freedom of the individual depends in no small measure upon the preservation of that right. 74, 72 L.Ed. The Olmstead case limits the search and seizure clause to, "an official search and seizure of his [defendant's] person or such a seizure of his papers or his tangible material effects, or an actual physical invasion of his house 'or curtilage' for the purpose of making a seizure.". And, while a search warrant, with its procedural safeguards has generally been regarded as prerequisite to the reasonableness of a search in those areas of essential privacy, such as the home, to which the Fourth Amendment applies (see Agnello v. United States, 269 U.S. 20, 32, 46 S.Ct. Ct. 159, 62 L. Ed. To rehearse and reappraise the arguments pro and con, and the conflicting views exhibited in the opinions, would serve no good purpose. See Ex parte Jackson, 96 U.S. 727, 24 L.Ed. identical with those which were urged in Arver v. United States, 245 U. S. 366, 38 Sup. ] 47 U.S.C. 652, 134 S.W. 524, 532, 29 L.Ed. But even if Olmstead's case is to stand, it does not govern the present case. To rehearse and reappraise the arguments pro and con, and the conflicting views exhibited in the opinions, would serve no good purpose. What is protected is the message itself throughout the course of its transmission by the instrumentality or agency of transmission. The petitioners and another were indicted for conspiracy1 to violate 29, sub. GOLDMANv.UNITED STATES (two cases). But it has not been the rule or practice of this Court to permit the scope and operation of broad principles ordained by the Constitution to be restricted, by a literal reading of its provisions, to those evils and phenomena that were contemporary with its framing. Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Full title: GOLDMAN v . . Their papers and effects were not disturbed. 3 285, 46 L.R.A. The suggested ground of distinction is that the Olmstead case dealt with the tapping of telephone wires, and the court adverted to the fact that, in using a telephone, the speaker projects his voice beyond the confines of his home or office and, therefore, assumes the risk that his message may be intercepted. 652, 134 S.W. 647. With this. 182; Gouled v. United States, 944, 66 A.L.R. 652, 134 S.W. Mr. Osmond K. Fraenkel, of New York City, for petitioner shulman. no. 376. It is our duty to see that this historic provision receives a construction sufficiently liberal and elastic to make it serve the needs and manners of each succeeding generation. Cf. Brady., 316 U.S. 455 (1942). Both courts below have found that the trespass did not aid materially in the use of the detectaphone. Compare Diamond v. United States, 6 Cir., 108 F.2d 859, 860; United States v. Polakoff, 2 Cir., 112 F.2d 888, 890, 134 A.L.R. [316 The error of the stultifying construction there adopted is best shown by the results to which it leads. 251 364, 34 L.R.A.,N.S., 1137, 135 Am.St.Rep. Retrieved from the Library of Congress,
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