Appellant was indicted for conspiracy to violate the Bankruptcy Act. An agent of the Federal Bureau of Investigation was permitted by the custodian of the building to enter appellant's office without his knowledge, and to install a dictaphone connecting with an adjoining room. However, the dictaphone failed to operate, and the only evidence which the agents were able to get was by means of a detectaphone which was in the same room with the agents, and which was not connected with the dictaphone. Held, the detectaphone recordings were admissible in evidence because no trespass was committed in getting the information, and no communication was intercepted within the meaning of section 605 of the Communications Act of 1934. Goldman v. United States, (U.S. 1942) 62 S. Ct. 993, affirming United States v. Goldman, (C. C. A. 2d, 1941) 118 F. (2d) 310.

Included in

Evidence Commons