United States v. Karo

468 U.S. 705 (1984)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

In 1980, a DEA agent learned from an informant that Karo (D) had ordered 50 gallons of ether for extracting cocaine from imported clothing. The government (P) obtained a court order authorizing the installation and monitoring of a beeper in an ether can. In early 1981, the ether cans were delivered to a house rented by D. By monitoring the beeper, DEA agents determined that the ether can was on the premises on February 6 and 7. On February 8, the agents received a search warrant for the house. On February 10, they searched D's house, seized cocaine, and laboratory equipment, and arrested D. The District Court invalidated both warrants. It suppressed the evidence seized from the Taos residence on the grounds that the initial warrant to install the beeper was invalid, and that the Taos seizure was the tainted fruit of an unauthorized installation and monitoring of that beeper. P appealed but did not challenge the invalidation of the initial warrant. The Court of Appeals affirmed, except with respect to Rhodes (D), holding that a warrant was required to install the beeper in one of the 10 cans of ether and to monitor it in private dwellings and storage lockers. The warrant for the search in Taos and the resulting seizure were tainted by the prior illegal conduct of the Government. The evidence was therefore properly suppressed with respect to defendants Horton, Harley, Steele, and Roth, who were held to have protectable interests in the privacy of the Taos dwelling, and with respect to Karo (D) because the beeper had been installed without a warrant and had been monitored while its ether-can host was in his house. P appealed.