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U.S. v. UNDERHILL

Nos. 86-5409, 86-5412.

813 F.2d 105 (1987)

UNITED STATES of America, Plaintiff-Appellant, v. Howard "Ace" UNDERHILL, Daniel Rokitka, Eddie Osborne, Joe Osborne and Walter Person, Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellant, v. Pat TATA and Tony Rayburn, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 6, 1987.

Attorney(s) appearing for the Case

W. Hickman Ewing, Jr. (argued), U.S. Atty., Memphis, Tenn., Frederick H. Godwin, for plaintiff-appellant.

Albert Boyd, Robert M. Friedman, Charles Perry Roney, Butler & Associates, Memphis, Tenn., Robert Stephen Butler, for defendants-appellees in No. 86-5409.

Frank Holloman, James D. Causey (argued), Memphis, Tenn., for defendants-appellees in No. 86-5412.

Before LIVELY, Chief Judge, and KEITH and MERRITT, Circuit Judges.

LIVELY, Chief Judge.

The question for decision is whether the participants in an illegal gambling business, some of whom caused their telephone conversations to be intercepted and recorded, are entitled to have these recordings suppressed during a prosecution for violation of federal anti-gambling statutes. The answer depends on our construction of various provisions of the Federal Wiretap Act, Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18...

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