Droback v. United States

"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 | 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 | 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 | “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 | "(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)" | “[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]” | unreasonable to believe witness would not have been discovered absent defendant’s statement | mail fraud, bribery and tax evasion charges held properly joined under Fed.R.Crim.P. 8(a) where all offenses were connected by defendant’s use of his public office for private gain | live-witness testimony inadmissible if "indirect product" of illegal search | live-witness testimony inadmissible if “indirect product” of illegal search