United States v. Turk

526 F.2d 654 (5th Cir. 1976)

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Nature of the Case

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Facts

Officers received a tip that two individuals in a silver sports car would be carrying cocaine and firearms. The officers stopped the car, discovered these illicit contents, and arrested Kabbaby and Roblin. They discovered a box containing a cassette tape recorder-player and two cassette tapes. They played the tapes without Kabbaby's permission and without attempting to obtain a warrant. They listened to a conversation between Kabbaby and 'Freddy.' Freddy mentioned his telephone number. It was Frederick Turk (D). D was then subpoenaed to appear before a grand jury. He initially invoked his Fifth Amendment privilege not to testify. After he was granted immunity from prosecution pursuant to 18 U.S.C. § 6001, he returned to testify before the grand jury on November 27 and December 11 of 1973. During D's testimony, he said he had never been engaged in buying, selling, or otherwise trafficking in marijuana or any other narcotic substance. D was indicted on two counts of perjury. D's motion to suppress the tape was denied. D was convicted and appealed.