Waldo Kent Ferguson and Robert Lowell Rogers v. United States

LEWIS, Circuit Judge.

In the trial of appellants for the purchase and sale of narcotics 1 and conspiracy 2 to violate the narcotics laws, a portion of the evidence leading to their conviction consisted of recordings of telephone calls. Appellants assert that these recordings were improperly admitted into evidence and that because of this and other procedural errors they are entitled to a new trial.

The telephone recordings were made by a device placed upon the extension telephone at the residence of two prostitutes, one of whom became a special employee of the government for the purpose of…