United States v. Torres

751 F.2d 875 (1984)

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United States v. Torres

United States Court of Appeals for the Seventh Circuit
751 F.2d 875 (1984)

Facts

The United States was investigating members (defendants) of an organization that violently advocated the independence of Puerto Rico (organization). The organization had bombed several buildings using explosives that had been created and stored in safe houses. A member of the organization was arrested and began working with investigators, helping investigators discover a Chicago safe house that was being used by the organization. The government then obtained a court order authorizing the government to install listening devices and television cameras in every room of the safe house. The court concluded that the requirements of Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (Title III) were met. The investigators sought the authorization for television surveillance because they were concerned that participants would interfere with pure audio observation (e.g., through playing loud music or using code words). The television cameras recorded the assembly of a bomb. Eventually, the organization members were prosecuted. Before trial, the district-court judge suppressed the videotapes and the evidence gathered therefrom. The court reasoned that there was no statutory or other legal basis for the original order that had authorized the television cameras in the safe house.

Rule of Law

Issue

Holding and Reasoning (Posner, J.)

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