U.S. v. BARANEK

No. 88-2088.

903 F.2d 1068 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Gary BARANEK, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 24, 1990.


Attorney(s) appearing for the Case

Stephen J. Markman, U.S. Atty. (argued), Detroit, Mich., Michael Hluchaniuk, Asst. U.S. Atty., Bay City, Mich., Maureen H. Killion, Silvia Voreas, Dept. of Justice, Washington, D.C., for U.S.

Jerome E. Burns (argued), Saginaw, Mich., for Gary Baranek.

Before JONES and GUY, Circuit Judges; and BERTELSMAN, District Judge.


RALPH B. GUY, Jr., Circuit Judge.

This appeal presents the issue whether a conversation overheard on a telephone that is the subject of a Title III wiretap should be suppressed when, at the time of the interception, the telephone was inadvertently off the hook and not in use. The district court concluded that the defendant's motion to suppress should be granted. We disagree and reverse.

I.

On March 2, 1988, the district judge entered a Title III...

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