Hoffa v. United States, Nos. 32

CourtUnited States Supreme Court
Writing for the CourtSTEWART
Citation87 S.Ct. 408,17 L.Ed.2d 374,385 U.S. 293
PartiesJames R. HOFFA, Petitioner, v. UNITED STATES. Thomas Ewing PARKS, Petitioner, v. UNITED STATES. Larry CAMPBELL, Petitioner, v. UNITED STATES. Ewing KING, Petitioner, v. UNITED STATES. —35
Docket NumberNos. 32
Decision Date12 December 1966

385 U.S. 293
87 S.Ct. 408
17 L.Ed.2d 374
James R. HOFFA, Petitioner,

v.

UNITED STATES. Thomas Ewing PARKS, Petitioner, v. UNITED STATES. Larry CAMPBELL, Petitioner, v. UNITED STATES. Ewing KING, Petitioner, v. UNITED STATES.

Nos. 32—35.
Argued Oct. 13, 1966.
Decided Dec. 12, 1966.

Page 294

Joseph A. Fanelli, Washington, D.C., for petitioners.

Fred M. Vinson, Jr., and Nathan Lewin, Washington, D.C., for respondent.

Mr. Justice STEWART delivered the opinion of the Court.

Over a period of several weeks in the late autumn of 1962 there took place in a federal court in Nashville, Tennessee, a trial by jury in which James Hoffa was charged with violating a provision of the Taft-Hartley Act. That trial, known in the present record as the Test Fleet trial, ended with a hung jury. The petitioners now before us—James Hoffa, Thomas Parks, Larry Campbell, and Ewing King—were tried and convicted

Page 295

in 1964 for endeavoring to bribe members of that jury.1 The convictions were affirmed by the Court of Appeals. 2 A substantial element in the Government's proof that led to the convictions of these four petitioners was contributed by a witness named Edward Partin, who testified to several incriminating statements which he said petitioners Hoffa and King had made in his presence during the course of the Test Fleet trial. Our grant of certiorari was limited to the single issue of whether the Government's use in this case of evidence supplied by Partin operated to invalidate these convictions. 382 U.S. 1024, 86 S.Ct. 645, 15 L.Ed.2d 538.

The specific question before us, as framed by counsel for the petitioners, is this:

'Whether evidence obtained by the Government by means of deceptively placing a secret informer in the quarters and councils of a defendant during one criminal trial so violates the defendant's Fourth, Fifth and Sixth Amendment rights that suppression of such evidence is required in a subsequent trial of the same defendant on a different charge.'

At the threshold the Government takes issue with the way this question is worded, refusing to concede that it "placed' the informer anywhere, much less that it did so 'deceptively." In the view we take of the matter, however, a resolution of this verbal controversy is unnecessary to a decision of the constitutional issues before us. The basic facts are clear enough, and a lengthy discussion of the detailed minutiae to which a large portion of the briefs and oral arguments was addressed would serve only to divert attention from the real issues before us.

Page 296

The controlling facts can be briefly stated. The Test Fleet trial, in which James Hoffa was the sole individual defendant, was in progress between October 22 and December 23, 1962, in Nashville, Tennessee. James Hoffa was president of the International Brotherhood of Teamsters. During the course of the trial he occupied a three-room suite in the Andrew Jackson Hotel in Nashville. One of his constant companions throughout the trial was the petitioner King, president of the Nashville local of the Teamsters Union. Edward Partin, a resident of Baton Rouge, Louisiana, and a local Teamsters Union official there, made repeated visits to Nashville during the period of the trial. On these visits he frequented the Hoffa hotel suite, and was continually in the company of Hoffa and his associates, including King, in and around the hotel suite, the hotel lobby, the courthouse, and elsewhere in Nashville. During this period Partin made frequent reports to a federal agent named Sheridan concerning conversations he said Hoffa and King had had with him and with each other, disclosing endeavors to bribe members of the Test Fleet jury. Partin's reports and his subsequent testimony at the petitioners' trial unquestionably contributed, directly or indirectly, to the convictions of all four of the petitioners.3

Page 297

The chain of circumstances which led Partin to be in Nashville during the Test Fleet trial extended back at least to September of 1962. At that time Partin was in jail in Baton Rouge on a state criminal charge. He was

Page 298

also under a federal indictment for embezzling union funds, and other indictments for state offenses were pending against him. Between that time and Partin's initial visit to Nashville on October 22 he was released on bail on the state criminal charge, and proceedings under the federal indictment were postponed. On October 8, Partin telephoned Hoffa in Washington, D.C., to discuss local union matters and Partin's difficulties with the authorities. In the course of this conversation Partin asked if he could see Hoffa to confer about these problems, and Hoffa acquiesced. Partin again called Hoffa on October 18 and arranged to meet him in Nashville. During this period Partin also consulted on several occasions with federal law enforcement agents, who told him that Hoffa might attempt to tamper with the Test Fleet jury, and asked him to be on the lookout in Nashville for such attempts and to report to the federal authorities any evidence of wrongdoing that he discovered. Partin agreed to do so.

After the Test Fleet trial was completed, Partin's wife received four monthly installment payments of $300 from government funds, and the state and federal charges against Partin were either dropped or not actively pursued.

Reviewing these circumstances in detail, the Government insists the fair inference is that Partin went to Nashville on his own initiative to discuss union business and his own problems with Hoffa, that Partin ultimately cooperated closely with federal authorities only after he discovered evidence of jury tampering in the Test Fleet trial, that the payments to Partin's wife were simply in partial reimbursement of Partin's subsequent out-of-pocket expenses, and that the failure to prosecute Partin on the state and federal charges had no necessary connection with his services as an informer. The findings of the trial court support this version of the

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facts,4 and these findings were accepted by the Court of Appeals as 'supported by substantial evidence.' 349 F.2d at 36. But whether or not the Government 'placed' Partin with Hoffa in Nashville during the Test Fleet trial, we proceed upon the premise that Partin was a government informer from the time he first arrived in Nashville on October 22, and that the Government compensated him for his services as such. It is upon that premise that we consider the constitutional issues presented.

Before turning to those issues we mention an additional preliminary contention of the Government. The

Page 300

petitioner Hoffa was the only individual defendant in the Test Fleet case, and Partin had conversations during the Test Fleet trial only with him and with the petitioner King. So far as appears, Partin never saw either of the other two petitioners during that period. Consequently, the Government argues that, of the four petitioners, only Hoffa has standing to raise a claim that his Sixth Amendment right to counsel in the Test Fleet trial was impaired, and only he and King have standing with respect to the other constitutional claims. Cf. Wong Sun v. United States, 371 U.S. 471, 487—488, 491—492, 83 S.Ct. 407, 417—418, 419—420, 9 L.Ed.2d 441; Jones v. United States, 362 U.S. 257, 259—267, 80 S.Ct. 725, 730—734, 4 L.Ed.2d 697. It is clear, on the other hand, that Partin's reports to the agent Sheridan uncovered leads that made possible the development of evidence against petitioners Parks and Campbell. But we need not pursue the nuances of these 'standing' questions, because it is evident in any event that none of the petitioners can prevail unless the petitioner Hoffa prevails. For that reason, the ensuing discussion is confined to the claims of the petitioner Hoffa (hereinafter petitioner), all of which he clearly has standing to invoke.

I.

It is contended that only by violating the petitioner's rights under the Fourth Amendment was Partin able to hear the petitioner's incriminating statements in the hotel suite, and that Partin's testimony was therefore inadmissible under the exclusionary rule of Weeks v. United States, 232 U.S. 383, 34 S.Ct. 341, 58 L.Ed. 652. The argument is that Partin's failure to disclose his role as a government informer vitiated the consent that the petitioner gave to Partin's repeated entries into the suite, and that by listening to the petitioner's statements Partin conducted an illegal 'search' for verbal evidence.

Page 301

The preliminary steps of this argument are on solid ground. A hotel room can clearly be the object of Fourth Amendment protection as much as a home or an office. United States v. Jeffers, 342 U.S. 48, 72 S.Ct. 93, 96 L.Ed. 59. The Fourth Amendment can certainly be violated by guileful as well as by forcible intrusions into a constitutionally protected area. Gouled v. United States, 255 U.S. 298, 41 S.Ct. 261, 65 L.Ed. 647. And the protections of the Fourth Amendment are surely not limited to tangibles, but can extend as well to oral statements. Silverman v. United States, 365 U.S. 505, 81 S.Ct. 679, 5 L.Ed.2d 734.

Where the argument falls is in its misapprehension of the fundamental nature and scope of Fourth Amendment protection. What the Fourth Amendment protects is the security a man relies upon when he places himself or his property within a constitutionally protected area, be it his home or his office, his hotel room or his automobile.5 There he is protected from unwarranted governmental intrusion. And when he puts something in his filing cabinet, in his desk drawer, or in his pocket, he has the right to know it will be secure from an unreasonable search or an unreasonable seizure. So it was that the Fourth Amendment could not tolerate the warrantless search of the hotel room in Jeffers, the purloining of the petitioner's private papers in Gouled, or the surreptitious electronic surveillance in Silverman. Countless other cases...

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1828 practice notes
  • Tillman v. United States, No. 25381.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 10, 1969
    ...resolution of these contradictory statements involved credibility choices that were in the province of the jury. Hoffa v. United States, 385 U.S. 293, 311, 87 S.Ct. 408, 418, 17 L.Ed.2d 374 (1966); Belmarez v. United States, 5 Cir., 1966, 362 F.2d 544, 545 (per curiam); Bush v. United State......
  • U.S. v. Nersesian, Nos. 600
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • June 29, 1987
    ...However, a defendant has no right to be arrested at any particular time, even if there is probable cause to do so. Hoffa v. United States, 385 U.S. 293, 310, 87 S.Ct. 408, 417, 17 L.Ed.2d 374 (1966); United States v. Waltzer, 682 F.2d 370, 373 (2d Cir.1982), cert. denied, 463 U.S. 1210, 103......
  • Legal Issues Relating To The Testing, USE, and Deployment of An Intrusion-Detection System (Einstein 2.0) To Protect Unclassified Computer Networks In The Executive Branch, 09-1
    • United States
    • Opinions of the Office of Legal Counsel of the Department of Justice
    • January 9, 2009
    ...protection against government monitoring of communications through transmitter worn by undercover operative); Hoffa v. United States, 385 U.S. 293, 300-03 (1966) (information disclosed to individual who turns out to be a government informant is not protected by the Fourth Amendment); Lopez ......
  • Williams v. State, No. 4 Sept. Term, 2002.
    • United States
    • Maryland Court of Appeals
    • December 19, 2002
    ...32 L.Ed.2d 752, 764 (1972). A motel room can be protected by the Fourth Amendment as much as a home or an office. Hoffa v. United States, 385 U.S. 293, 301, 87 S.Ct. 408, 413, 17 L.Ed.2d 374 (1966); Stoner v. California, 376 U.S. 483, 490, 84 S.Ct. 889, 893, 11 L.Ed.2d 856 (1964); United St......
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1819 cases
  • Tillman v. United States, No. 25381.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 10, 1969
    ...resolution of these contradictory statements involved credibility choices that were in the province of the jury. Hoffa v. United States, 385 U.S. 293, 311, 87 S.Ct. 408, 418, 17 L.Ed.2d 374 (1966); Belmarez v. United States, 5 Cir., 1966, 362 F.2d 544, 545 (per curiam); Bush v. United State......
  • Lakeside v. Oregon, No. 76-6942
    • United States
    • United States Supreme Court
    • March 22, 1978
    ...S.Ct., at 1232. By definition, "a necessary element of compulsory self-incrimination is some kind of compulsion." Hoffa v. United States, 385 U.S. 293, 304, 87 S.Ct. 408, 414, 17 L.Ed.2d 374. The Court concluded in Griffin that unconstitutional compulsion was inherent in a trial where prose......
  • U.S. v. Nersesian, Nos. 600
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • June 29, 1987
    ...However, a defendant has no right to be arrested at any particular time, even if there is probable cause to do so. Hoffa v. United States, 385 U.S. 293, 310, 87 S.Ct. 408, 417, 17 L.Ed.2d 374 (1966); United States v. Waltzer, 682 F.2d 370, 373 (2d Cir.1982), cert. denied, 463 U.S. 1210, 103......
  • Legal Issues Relating To The Testing, USE, and Deployment of An Intrusion-Detection System (Einstein 2.0) To Protect Unclassified Computer Networks In The Executive Branch, 09-1
    • United States
    • Opinions of the Office of Legal Counsel of the Department of Justice
    • January 9, 2009
    ...protection against government monitoring of communications through transmitter worn by undercover operative); Hoffa v. United States, 385 U.S. 293, 300-03 (1966) (information disclosed to individual who turns out to be a government informant is not protected by the Fourth Amendment); Lopez ......
  • Request a trial to view additional results
7 books & journal articles
  • SOCIAL NORMS IN FOURTH AMENDMENT LAW.
    • United States
    • Michigan Law Review Vol. 120 Nbr. 2, November 2021
    • November 1, 2021
    ...Economy, 87 GEO. WASH. L. REV. 783,785 (2019). (256.) 401 U.S. 745, 751 (1971) (plurality opinion) (citing Hoffa v. United States, 385 U.S. 293,300-03 (1966)). White confirmed the continuing validity of the outcome of Lopez v. United States, which held, under pre-Katz law, that an undercove......
  • STINGRAY STUNG? ANALYZING CELLPHONES AS EFFECTS PROVIDES FOURTH AMENDMENT TREATMENT.
    • United States
    • Harvard Journal of Law & Technology Vol. 34 Nbr. 2, March 2021
    • March 22, 2021
    ...that there is no legitimate expectation of privacy in one's financial and tax records held by one's accountant); Hoffa v. United States, 385 U.S. 293, 302 (1966) (holding that there is no legitimate expectation of privacy in statements made to confidential informant); Orin S. Kerr, A User's......
  • A SOLUTION FOR THE THIRD-PARTY DOCTRINE IN A TIME OF DATA SHARING, CONTACT TRACING, AND MASS SURVEILLANCE.
    • United States
    • Notre Dame Law Review Vol. 97 Nbr. 2, January 2022
    • January 1, 2022
    ...then citing United States v. Lee, 274 U.S. 559, 563 (1927)). (37) LInited States v. White, 401 U.S. 745 (1971); Hoffa v. United States, 385 U.S. 293 (1966); Lewis, 385 U.S. 206; On Lee v. United States, 343 U.S. 747 (38) See discussion infra Section I.D. (39) Carpenter, 138 S. Ct. at 2216 (......
  • AN ANALOGICAL-REASONING APPROACH FOR DETERMINING EXPECTATIONS OF PRIVACY IN TEXT MESSAGE CONTENT.
    • United States
    • Rutgers Computer & Technology Law Journal Vol. 47 Nbr. 1, March 2021
    • March 22, 2021
    ...are later offered in evidence to prove the State's case." (citing Lopez v. United States, 373 U.S. 427 (1963))); Hoffa v. United States, 385 U.S. 293, 302-03 (1966) (emphasizing that the Fourth Amendment does not protect "a wrongdoer's misplaced belief that a person to whom he voluntarily c......
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