United States v. Sullivan

HOLTZOFF, District Judge.

The question presented is whether the action of a law enforcement officer in listening to a telephone conversation between an informer and a suspect, with the knowledge and consent of the former, is within the ban of the statute prohibiting what is popularly known as “wire tapping”.

This is a motion to suppress evidence in a criminal prosecution for violations of the Narcotic Acts. The motion is directed against articles seized pursuant to a search warrant on premises occupied by the defendant. It is claimed that the search warrant was illegally issued in that the…