Irvine v. California
347 U.S. 128 (1954)

Annotate this Case

U.S. Supreme Court

Irvine v. California, 347 U.S. 128 (1954)

Irvine v. California

No. 12

Argued November 30, 1953

Decided February 8, 1954

347 U.S. 128

Syllabus

After admission of evidence obtained by illegal entries into his home, petitioner was convicted in a California state court on charges of horse-race bookmaking and related offenses under the state anti-gambling laws. Prior to petitioner's arrest, and while he and his wife were absent from their home, a police officer arranged with a locksmith to go there and make a key to the door. On three different occasions, without a search warrant or other process, officers and a technician entered the home by means of this key and installed a concealed microphone in the hall, and later moved it to petitioner's bedroom and thence to a closet. At petitioner's trial, officers were allowed to testify, over objection, to incriminating conversations heard through the listening apparatus. Also admitted in evidence were a federal wagering tax stamp, which petitioner had on his person when arrested, and documents from the office of the United States Collector of Internal Revenue showing his application for the stamp and his return to the Collector.

Held: The conviction is sustained as not violative of the Fourteenth Amendment or of federal law. Pp. 347 U. S. 129-139.

113 Cal.App.2d 460, 248 P.2d 502, affirmed.

For opinion of MR. JUSTICE JACKSON, in which THE CHIEF JUSTICE, MR. JUSTICE REED and MR. JUSTICE MINTON join, see p. 347 U. S. 129. For opinion of MR. JUSTICE CLARK, concurring in the judgment, see p. 347 U. S. 138.

For dissenting opinion of MR. JUSTICE BLACK, in which MR. JUSTICE DOUGLAS joins, see p. 347 U. S. 139.

For dissenting opinion of MR. JUSTICE FRANKFURTER, joined by MR. JUSTICE BURTON, see p. 347 U. S. 142.

For dissenting opinion of MR. JUSTICE DOUGLAS, see p. 347 U. S. 149.

For appendix to opinion of MR. JUSTICE DOUGLAS, see p. 347 U. S. 153.

Petitioner's conviction in a California state court of offenses under the state anti-gambling laws was affirmed on appeal. 113 Cal. App. 2d 460, 248 P. 2d 502. The

Page 347 U. S. 129

State Supreme Court denied a petition for hearing. This Court granted certiorari. 345 U.S. 903. Affirmed, p. 347 U. S. 138.

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