U.S. v. Christopher, 465
| Decision Date | 07 December 1976 |
| Docket Number | No. 465,D,465 |
| Citation | 546 F.2d 496 |
| Parties | UNITED STATES of America, Appellee, v. Charles S. CHRISTOPHER, Defendant-Appellant. ocket 76-1334. |
| Court | U.S. Court of Appeals — Second Circuit |
Frederick T. Davis, Asst. U. S. Atty., New York City, Robert B. Fiske, Jr., U. S. Atty., S.D.N.Y., New York City, for appellee.
Frank S. Wright, Dallas, Tex., for defendant-appellant.
Before LUMBARD, FRIENDLY and MULLIGAN, Circuit Judges.
Charles S. Christopher appeals from a judgment of conviction entered on June 29, 1976 in the United States District Court for the Southern District of New York, after a plea of guilty before Hon. Thomas P. Griesa, United States District Judge. Christopher, then president and chairman of the board of Surety Industries, Inc., in Dallas, Texas, retained Richard Geyer, a private detective, to use surreptitious listening devices to intercept the content of various meetings of his principal competitor in New York City. Geyer registered in Room 1332 of the Plaza Hotel in New York and purchased certain equipment from a New York supplier in his hotel room. He advised the supplier that he was seeking to monitor conversations in the adjacent Room 1334 which was occupied by an insurance broker who was scheduled to attend a meeting with Christopher's competitor. Geyer had recorded Christopher's telephone conversation with him which was on one of two cassette tapes in his Plaza Hotel room. He also possessed several papers containing, inter alia, a description of the conference room where Christopher's competitors were to meet. Alerted by the seller of the "bugging" equipment, a criminal investigator of the United States Attorney's office procured a search warrant from a Magistrate in the Southern District of New York intended for Room 1332 of the Plaza Hotel on March 18, 1975. Special agents of the Federal Bureau of Investigation kept the room under surveillance and after having been advised that the search warrant had been issued, arrested Geyer as well as a Christopher employee at the hotel. Upon receipt of the search warrant, Room 1332 was searched and the cassettes and papers described were seized. On August 27, 1975 Christopher and Geyer were indicted in one count for conspiracy to violate the laws of the United States, 18 U.S.C. § 371, and in other counts for substantive crimes relating to surreptitious eavesdropping by electronic devices, 18 U.S.C. § 2511. Prior to trial Christopher moved to suppress the material seized and on April 27, 1976 Judge Griesa denied the motion. Christopher then pleaded guilty to one of the substantive counts with the express stipulation that he be able to appeal to this...
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US v. Gambino
...executing officers, will prevail over a wrongly stated apartment number, if due to an accident in transposition. See United States v. Christopher, 546 F.2d 496 (2d Cir.1976); see also United States v. Clement, 747 F.2d 460 (8th At an evidentiary hearing before the Court on March 20, 1990, t......
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U.S. v. Waker, 06-CR-48E.
...that the incorrect "to be executed by" date was merely an insignificant scrivener's error. See, fn. 6 & 7; see also United States v. Christopher, 546 F.2d 496, 497 (2d Cir. 2976) (transposition of hotel room numbers would not invalidate warrant); United States v. Maxwell, 45 M.J. 406, 420 (......
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U.S. v. Trainor, CRIM.A. 97-10093 RCL.
...the premises validated the search where the warrant gave the wrong street number of a single-occupancy dwelling. Cf. United States v. Christopher, 546 F.2d 496 (2d Cir.1976) (name controlled where a hotel room registered to the defendant was the object of the search and the court found that......
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US v. Larracuente
...Therefore, according to Larracuente, all of the evidence seized at 62-65 Forest Avenue should be suppressed. In United States v. Christopher, 546 F.2d 496, 497 (2d Cir.1976), the defendant challenged the issuance of a search warrant for "Room 1334" of a particular apartment building. In one......