Opinion

United States v. Clara Bell Hall

  • 543 F.2d 1229
Court
Court of Appeals for the Ninth Circuit
Filed
Jan 25, 1977
Status
Published
Author
Chambers
On the bench
Chambers, Koelsch, Browning, Duniway, Ely, Hufstedler, Wright, Trask, Choy, Goodwin, Wallace, Sneed, Kennedy
Cited by
44 cases

“[a] state officer may receive and use wiretap information only to the extent such receipt and use is appropriate to the proper performance of his official duties ... [and] the scope of a state officer's official duties is defined by state, not federal, law____”

How later courts described this case

  • “[a] state officer may receive and use wiretap information only to the extent such receipt and use is appropriate to the proper performance of his official duties ... [and] the scope of a state officer's official duties is defined by state, not federal, law____”
  • federal wiretapping law controls conflicting state law under Supremacy Clause
  • use of Title III information to make an arrest and conduct subsequent search
  • “Federal officers are authorized to wiretap under s 2516(1), regardless of the provisions of state law.”

Written by the judges who cited it.

The opinion

CHAMBERS, Circuit Judge

(concurring):

While I believe Judge Duniway’s views on “no standing” are correct, a majority has apparently rejected his contentions. Since we have reached this point, I now concur in Judge Choy’s opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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