Lopez v. United States

The Chief Justice,

concurring in the Court’s result, suggests two further distinctions between On Lee and the instant case: first, that Agent Davis, in carrying a concealed recording device, was legitimately seeking to protect his reputation as an honest public servant; and second, that in the instant case, unlike On Lee, electronically obtained evidence was not used so as to circumvent the production of the key government witness. I admit these are differences, but I do not see how they bear upon. the problem of the case before us, which is the admissibility in a federal criminal trial of the…