Opinion · District Court, W.D. Pennsylvania

Droback v. United States

421 U.S. 964

Type
Opinion
Court
District Court, W.D. Pennsylvania
Jurisdiction
Pennsylvania
Date
1975-05-12
Topic
general

How later courts describe this case

  • "the judgmental element arises through the necessity to select and emphasize certain facts at the expense of others"
  • witness's statements about airplane crash, even though given in confidentiality to safety investigators, were not exempt because not commercial or financial information
  • organization’s authority to make final decisions is indicative of government-controlled, FOIA agency status, although “each arrangement must be examined anew and in its own context”
  • “[T]he judgmental element arises through the necessity to select and emphasize certain facts at the expense of others[.]”
  • joinder under Rule 8(a) permissible where mail fraud charges and tax evasion charges all were connected with the defendant’s use of his public office for private gain
  • newspaper article about government’s investigation of defendants’ actions appeared between jury selection and beginning of trial
  • defendant’s consultation of lawyer regarding tax returns purges taint of illegal search, allowing illegally seized evidence to be used in criminal prosecution for tax fraud committed after search
  • "(W)e do not think it would serve the deterrent purpose of the exclusionary rule to deny to (defendant's) trial not merely the unlawful confession, but also truthful testimony from (a third-party witness)"

Citator

UpLaw has not yet analyzed Droback v. United States. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
156 opinions

C. A. 9th Cir. Certiorari denied.