# United States v. Turk

> Court of Appeals for the Fifth Circuit · January 29, 1976 · 526 F.2d 654

URL: https://www.frixlaw.com/law-library/cases/8897994

## Case

- **Full name:** United States v. Frederick Joseph TURK
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** January 29, 1976
- **Citations:** 526 F.2d 654; 1976 U.S. App. LEXIS 13093
- **Precedential status:** Published
- **Opinion:** Concurrence by Dyergewin
- **Judges:** Dyer, Gewin, Goldberg
- **Cited by:** 109 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8897994

## How later opinions describe it (automated extraction)

- finding that "[i]f a person secrets a recorder in a room and thereby records a conversation between two others, an 'acquisition' occurs at the time the recording is made. This acquisition itself might be said to be 'aural' because the contents of the conversation are preserved…
- holding that replaying a previously recorded conversation is not an intercept, because an intercept “require[s] participation by the one charged with an ‘interception’ in the contemporaneous acquisition of the communication through the use of the device.”

## Opinion text

DYER, Circuit Judge, with whom GEWIN, Circuit Judge,
joins, specially concurring:
Since I agree that, even if Turk has standing to challenge the search and seizure, the introduction of the seized evidence at the perjury trial was not error, I would pretermit deciding the standing issue.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8897994. Public record. Not legal advice.