United States v. Branch
United States Court of Appeals for the Fourth Circuit
970 F.2d 1368 (1992)
- Written by Sean Carroll, JD
Facts
Jonathan Branch (defendant) was charged with drug-related crimes. At trial, the prosecution (plaintiff) sought to introduce recordings from a wiretap that captured conversations between Branch and Earlous Tripp and other coconspirators. The prosecution was granted an in camera hearing and presented the tapes to the trial judge. The prosecution presented testimony of 26 agents who ran and monitored the recordings. The trial judge found that the prosecution had authenticated the evidence sufficiently to present it to the jury for a jury determination on the recordings’ authenticity. The judge stated that the prosecution would still have to lay the foundation for the evidence in front of the jury. Once back in front of the jury, the prosecution laid the foundation by calling a wiretap supervisor from the Federal Bureau of Investigation (FBI) to explain how the recording excerpts were made. The prosecution also called another FBI agent working on the case and Tripp to identify voices on and confirm the accuracy of the recordings. The prosecution did not, however, present testimony of any of the 26 agents who had testified before the judge in camera. Branch was convicted, and he appealed.
Rule of Law
Issue
Holding and Reasoning (Wilkins, J.)
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