United States v. John Merrill Hall, United States of America v. William King Nichols, United States of America v. James Kline Dever

WALLACE, Circuit Judge:

Hall, Nichols and Dever were convicted of possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and conspiracy to commit that offense in violation of 21 U.S.C. § 846. Appellants contend that the electronic surveillance of their radio-telephone conversations which led to their arrests violated the Communications Act of 1934 (particularly, 47 U.S. C. § 605), Title III of the Omnibus Crime Control and Safe Streets Act of 1968,1 and the Fourth Amendment. Therefore, they assert that the use of the conversations should have been suppressed.…