Lupo v. United States

finding that, under 18 U.S.C. § 641, which omits the word copies, “when an employee copies a record on government equipment without authorization, the duplicate copy is a record for purposes of the statute” | finding that, under 18 U.S.C. § 641, which omits the word copies, "when an employee copies a record on government equipment without authorization, the duplicate copy is a record for purposes of the statute" | arguing that placing burden of proof on defendant would be unconstitutional | wrongful appropriation of Government property of value is sufficient to establish prima facie case of § 641 violation | evidence obtained due to surveillance in violation of Title III is tainted and not admissible | information in affidavit some four months old; finding of probable cause upheld | requisite foundation found in police officer’s infrequent prior conversations with defendants | Police officer's infrequent prior conversations with defendants meet requisite foundation | sixth amendment right to counsel