United States v. White
Encyclopedia
United States v. White, 401 U.S. 745
(1971), was a United States Supreme Court
decision which held that recording conversations using concealed radio transmitters
worn by informants does not violate the Fourth Amendment
protection against unreasonable searches and seizures
, and thus does not require a warrant
.
s charges in the United States District Court for the Northern District of Illinois
, Eastern Division. The conviction
was based on evidence
obtained from recorded conversations in 1965 and 1966 between the defendant White and a government informant wearing a concealed radio transmitter
. White appealed the conviction, claiming the conversations were recorded without his permission and without a warrant, violating his Fourth Amendment
protection against unreasonable searches and seizures
. Thus, White argued that the recorded conversations should not have been admitted as evidence. The United States Court of Appeals for the Seventh Circuit
, 405 F.2d 838, reversed the district court and remanded, and certiorari
was granted.
with a four-vote plurality
, arguing that the use of government agents to reveal conversations does not violate the Fourth Amendment
. The court stated that a defendant's expectation that his colleague will not reveal incriminating information to the police
is not protected under the Constitution
. Furthermore, since a police informant
may write down records of conversations with a defendant and admit them into evidence without a warrant, electronically recorded conversations should not be treated any differently under the constitution. So long as the police informant's actions are considered to be reasonable investigative efforts, the officer's records are lawful and admissible evidence, despite a lack of a warrant.
The plurality opinion also found that it was an error for the Court of Appeals to apply the reasoning of Katz v. United States
, which held that wiretapping
a public phone booth required a search warrant, since the Katz decision from 1967 did not retroactively
apply to conversations recorded between 1965-1966.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1971), was a United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision which held that recording conversations using concealed radio transmitters
Covert listening device
A covert listening device, more commonly known as a bug or a wire, is usually a combination of a miniature radio transmitter with a microphone. The use of bugs, called bugging, is a common technique in surveillance, espionage and in police investigations.A bug does not have to be a device...
worn by informants does not violate the Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
protection against unreasonable searches and seizures
Search and seizure
Search and seizure is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.Some countries have...
, and thus does not require a warrant
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
.
Facts and Procedural History
Criminal defendant White was convicted of narcoticNarcotic
The term narcotic originally referred medically to any psychoactive compound with any sleep-inducing properties. In the United States of America it has since become associated with opioids, commonly morphine and heroin and their derivatives, such as hydrocodone. The term is, today, imprecisely...
s charges in the United States District Court for the Northern District of Illinois
United States District Court for the Northern District of Illinois
The United States District Court for the Northern District of Illinois is the trial-level court with jurisdiction over the northern counties of Illinois....
, Eastern Division. The conviction
Conviction
In law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.The opposite of a conviction is an acquittal . In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal...
was based on evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
obtained from recorded conversations in 1965 and 1966 between the defendant White and a government informant wearing a concealed radio transmitter
Covert listening device
A covert listening device, more commonly known as a bug or a wire, is usually a combination of a miniature radio transmitter with a microphone. The use of bugs, called bugging, is a common technique in surveillance, espionage and in police investigations.A bug does not have to be a device...
. White appealed the conviction, claiming the conversations were recorded without his permission and without a warrant, violating his Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
protection against unreasonable searches and seizures
Search and seizure
Search and seizure is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.Some countries have...
. Thus, White argued that the recorded conversations should not have been admitted as evidence. The United States Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois...
, 405 F.2d 838, reversed the district court and remanded, and certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
was granted.
Decision and Rationale
The Supreme Court reversed the decision of the Seventh Circuit Court of AppealsUnited States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois...
with a four-vote plurality
Plurality opinion
A plurality opinion is the opinion from a group of justices, often in an appellate court, in which no single opinion received the support of a majority of the court. The plurality opinion did not receive the support of more than half the justices, but received more support than any other...
, arguing that the use of government agents to reveal conversations does not violate the Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
. The court stated that a defendant's expectation that his colleague will not reveal incriminating information to the police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
is not protected under the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. Furthermore, since a police informant
Informant
An informant is a person who provides privileged information about a person or organization to an agency. The term is usually used within the law enforcement world, where they are officially known as confidential or criminal informants , and can often refer pejoratively to the supply of information...
may write down records of conversations with a defendant and admit them into evidence without a warrant, electronically recorded conversations should not be treated any differently under the constitution. So long as the police informant's actions are considered to be reasonable investigative efforts, the officer's records are lawful and admissible evidence, despite a lack of a warrant.
The plurality opinion also found that it was an error for the Court of Appeals to apply the reasoning of Katz v. United States
Katz v. United States
Katz v. United States, , is a United States Supreme Court case discussing the nature of the "right to privacy" and the legal definition of a "search." The Court’s ruling adjusted previous interpretations of the unreasonable search and seizure clause of the Fourth Amendment to count immaterial...
, which held that wiretapping
Telephone tapping
Telephone tapping is the monitoring of telephone and Internet conversations by a third party, often by covert means. The wire tap received its name because, historically, the monitoring connection was an actual electrical tap on the telephone line...
a public phone booth required a search warrant, since the Katz decision from 1967 did not retroactively
Retroactivity
Retroactivity in law is the application of a given norm to events that took place or began to produce legal effects, before the law was approved...
apply to conversations recorded between 1965-1966.
See also
- List of United States Supreme Court cases, volume 401
- Katz v. United StatesKatz v. United StatesKatz v. United States, , is a United States Supreme Court case discussing the nature of the "right to privacy" and the legal definition of a "search." The Court’s ruling adjusted previous interpretations of the unreasonable search and seizure clause of the Fourth Amendment to count immaterial...
,