United States v. Turk
United States Court of Appeals for the Fifth Circuit
526 F.2d 654 (5th Cir. 1976)
Kabbaby recorded his own conversations with Frederick Turk (defendant) and, after police pulled Kabbaby over and seized the tapes, law enforcement used the recordings to locate Turk. Turk was subpoenaed before a grand jury and later charged with perjury based on his testimony there. At trial, Turk moved to suppress the recordings, arguing the officers' act of listening to them violated the Omnibus Crime Control and Safe Streets Act. The trial court denied the motion and convicted Turk of perjury, and he appealed.
Whether listening to a previously recorded conversation, without a warrant, constitutes a prohibited "interception" under federal wiretap law and thereby implicates the Fourth Amendment.