United States v. Ceccolini

A police officer, off duty and visiting a flower shop, found cash in an envelope during an unconstitutional search of the shop's register and learned from an employee, Hennessey, that it belonged to the shop's owner, Ralph Ceccolini (defendant). Word of the search reached the FBI, which was investigating illegal gambling, and an agent interviewed Hennessey four months later without mentioning the earlier search; Hennessey voluntarily described Ceccolini's gambling activity. When Ceccolini denied gambling involvement before a grand jury, the government charged him with perjury based on Hennessey's conflicting account. The district court found Ceccolini guilty but voided the conviction because Hennessey's testimony was the fruit of the illegal search, and the Second Circuit affirmed. The government sought certiorari.