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UNITED STATES v. LEAHEY

No. 7628.

434 F.2d 7 (1970)

UNITED STATES of America, Appellant, v. Alice E. LEAHEY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

October 7, 1970.

Attorney(s) appearing for the Case

Willie J. Davis, Asst. U. S. Atty., with whom Herbert F. Travers, Jr., U. S. Atty., was on brief, for appellant.

Thomas M. Mawn, Jr., Woburn, Mass., for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

The issue presented by this case concerns the failure of the Internal Revenue Service (I.R.S.) to follow its own published general procedure, requiring its Special Agents to give certain warnings on initial contacts with taxpayers they are investigating. More precisely, the question is: should the courts exclude evidence obtained from an interview where a Special Agent fails to give the warnings required...

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