hoffa argued october decided december together parks campbell king also certiorari petitioners convicted endeavoring bribe members jury previous trial petitioner hoffa violating act resulted hung jury substantial information evidence given prosecution partin paid government informer throughout trial repeatedly hoffa company hoffa hotel suite hotel lobby elsewhere appeals affirmed convictions granted certiorari question whether use evidence furnished informer rendered convictions invalid held rights fourth amendment violated failure partin disclose role government informer hoffa made incriminating statements presence partin invitee relied security hotel room misplaced confidence partin reveal wrongdoing pp hoffa conversations partin entirely voluntary involved fifth amendment privilege compulsory pp violation sixth amendment right counsel case pp sixth amendment violation resulting partin reporting government activities hoffa counsel preparing defense trial might invalidated conviction trial conviction subsequent trial different offense endeavoring bribe jurors rendered invalid admission hoffa incriminating statements heard partin none made presence counsel connection legitimate defense trial caldwell app coplon app distinguished pp government obliged arrest hoffa first probable cause though admissions without counsel arrest might barred since law enforcement officers duty halt crime investigation minimum evidence establish probable cause pp use secret informer per se unconstitutional use partin case violate due process requirements veracity fully subject safeguards trial instructions jury pp joseph fanelli argued cause petitioners cases briefs morris shenker daniel maher jacques schiffer cecil branstetter maktos harold brown assistant attorney general vinson nathan lewin argued cause cases brief solicitor general marshall philip monahan briefs amici curiae urging reversal filed morris lavine criminal courts bar association los angeles county osmond fraenkel american civil liberties union justice stewart delivered opinion period several weeks late autumn took place federal nashville tennessee trial jury james hoffa charged violating provision act trial known present record test fleet trial ended hung jury petitioners us james hoffa thomas parks larry campbell ewing king tried convicted endeavoring bribe members jury convictions affirmed appeals substantial element government proof led convictions four petitioners contributed witness named edward partin testified several incriminating statements said petitioners hoffa king made presence course test fleet trial grant certiorari limited single issue whether government use case evidence supplied partin operated invalidate convictions specific question us framed counsel petitioners whether evidence obtained government means deceptively placing secret informer quarters councils defendant one criminal trial violates defendant fourth fifth sixth amendment rights suppression evidence required subsequent trial defendant different charge controlling facts briefly stated test fleet trial james hoffa sole individual defendant progress october december nashville tennessee james hoffa president international brotherhood teamsters course trial occupied suite andrew jackson hotel nashville one constant companions throughout trial petitioner king president nashville local teamsters union edward partin resident baton rouge louisiana local teamsters union official made repeated visits nashville period trial visits frequented hoffa hotel suite continually company hoffa associates including king around hotel suite hotel lobby courthouse elsewhere nashville period partin made frequent reports federal agent named sheridan concerning conversations said hoffa king disclosing endeavors bribe members test fleet jury partin reports subsequent testimony petitioners trial unquestionably contributed directly indirectly convictions four petitioners chain circumstances led partin nashville test fleet trial extended back least september time partin jail baton rouge state criminal charge also federal indictment embezzling union funds indictments state offenses pending time partin initial visit nashville october released bail state criminal charge proceedings federal indictment postponed october partin telephoned hoffa washington discuss local union matters partin difficulties authorities course conversation partin asked see hoffa confer problems hoffa acquiesced partin called hoffa october arranged meet nashville period partin also consulted several occasions federal law enforcement agents told hoffa might attempt tamper test fleet jury asked lookout nashville attempts report federal authorities evidence wrongdoing discovered partin agreed test fleet trial completed partin wife received four monthly installment payments government funds state federal charges partin either dropped actively pursued reviewing circumstances detail government insists fair inference partin went nashville initiative discuss union business problems hoffa partin ultimately cooperated closely federal authorities discovered evidence jury tampering test fleet trial payments partin wife simply partial reimbursement partin subsequent expenses failure prosecute partin state federal charges necessary connection services informer findings trial support version facts findings accepted appeals supported substantial evidence whether government placed partin hoffa nashville test fleet trial proceed upon premise partin government informer time first arrived nashville october government compensated services upon premise consider constitutional issues presented turning issues mention additional preliminary contention government petitioner hoffa individual defendant test fleet case partin conversations test fleet trial petitioner king far appears partin never saw either two petitioners period consequently government argues four petitioners hoffa standing raise claim sixth amendment right counsel test fleet trial impaired king standing respect constitutional claims cf wong sun jones clear hand partin reports agent sheridan uncovered leads made possible development evidence petitioners parks campbell need pursue nuances standing questions evident event none petitioners prevail unless petitioner hoffa prevails reason ensuing discussion confined claims petitioner hoffa hereinafter petitioner clearly standing invoke contended violating petitioner rights fourth amendment partin able hear petitioner incriminating statements hotel suite partin testimony therefore inadmissible exclusionary rule weeks argument partin failure disclose role government informer vitiated consent petitioner gave partin repeated entries suite listening petitioner statements partin conducted illegal search verbal evidence preliminary steps argument solid ground hotel room clearly object fourth amendment protection much home office jeffers fourth amendment certainly violated guileful well forcible intrusions constitutionally protected area gouled protections fourth amendment surely limited tangibles extend well oral statements silverman argument falls misapprehension fundamental nature scope fourth amendment protection fourth amendment protects security man relies upon places property within constitutionally protected area home office hotel room automobile protected unwarranted governmental intrusion puts something filing cabinet desk drawer pocket right know secure unreasonable search unreasonable seizure fourth amendment tolerate warrantless search hotel room jeffers purloining petitioner private papers gouled surreptitious electronic surveillance silverman countless cases come years involved myriad differing factual contexts protections fourth amendment appropriately invoked doubt future bring countless others nothing say either foresee foreclose factual situations fourth amendment may applicable present case however evident interest legitimately protected fourth amendment involved obvious petitioner relying security hotel suite made incriminating statements partin partin presence partin enter suite force stealth surreptitious eavesdropper partin suite invitation every conversation heard either directed knowingly carried presence petitioner word relying security hotel room relying upon misplaced confidence partin reveal wrongdoing counsel petitioner points communications partin take place suite hall hotel andrew jackson hotel lobby courthouse neither member ever expressed view fourth amendment protects wrongdoer misplaced belief person voluntarily confides wrongdoing reveal indeed unanimously rejected contention less four years ago lopez case petitioner convicted attempted bribery internal revenue agent named davis divided regard admissibility evidence surreptitious electronic recording incriminating conversation lopez private office davis dissent view testimony conversation davis clearly admissible put davis guilty unlawful invasion petitioner office simply apparent willingness accept bribe real compare wong sun office petitioner consent violate privacy office seizing something surreptitiously without petitioner knowledge compare gouled supra evidence obtained consisted statements made lopez davis statements lopez knew full well used davis wished words dissenting opinion lopez risk overheard eavesdropper betrayed informer deceived identity one one deals probably inherent conditions human society kind risk necessarily assume whenever speak see also lewis ante adhering views hold right protected fourth amendment violated present case ii petitioner argues right fifth amendment compelled criminal case witness violated admission partin testimony claim without merit sharply differing views within ultimate reach fifth amendment right compulsory differences aired last term miranda arizona since least long ago chief justice marshall first gave attention matter trial aaron burr agreed necessary element compulsory kind compulsion thus miranda case dealing fifth amendment impact upon police interrogation persons custody predicated decision upon conclusion without proper safeguards process interrogation persons suspected accused crime contains inherently compelling pressures work undermine individual resist compel speak otherwise freely present case claim made petitioner incriminating statements product sort coercion legal factual petitioner conversations partin partin presence wholly voluntary reason clear right protected fifth amendment privilege compulsory violated case iii petitioner makes two separate claims sixth amendment give separate consideration course test fleet trial petitioner lawyers used suite place confer interview witnesses plan following day trial strategy therefore argues petitioner partin presence around suite violated petitioner sixth amendment right counsel essential ingredient thereof right defendant counsel prepare trial without intrusion upon confidential relationship agent government defendant trial adversary since partin presence suite thus violated sixth amendment argument continues evidence acquired reason presence constitutionally tainted therefore inadmissible petitioner case reject argument first place far clear extent partin present conversations conferences petitioner counsel several petitioner test fleet lawyers testified hearing motion suppress partin testimony present case said partin heard position hear least lawyers discussions test fleet trial hand partin testified lawyers move wanted discuss case denied made effort get present conversations lawyers anything sort engaging banalities things looked look said might heard lawyers conversations know talking interested say case testified report lawyers conversations sheridan latter interested attorneys said partin testimony largely confirmed sheridan sheridan testify however one occasion partin told group prospective character witnesses interviewed suite one petitioner lawyers going written questions answers information evidently relayed sheridan chief government attorney test fleet trial district present case apparently credited partin testimony finding interference government relationship defendant case appeals accepted finding view sheridan testimony partin report interviews prospective character witnesses however proceed hypothesis partin observe report sheridan least activities defense counsel test fleet trial proposition surreptitious invasion government agent legal camp defense may violate protection sixth amendment found expression two cases decided appeals district columbia circuit caldwell app coplon app cases dealt government intrusion grossest kind upon confidential relationship defendant counsel coplon defendant alleged government agents deliberately intercepted telephone consultations defendant lawyer trial caldwell agent dual capacity defense assistant government agent gained free access planning defense neither dealings defense reports prosecution limited proposed unlawful acts defense covered many matters connected impending trial app may assume coplon caldwell cases rightly decided assume without deciding government activities test fleet trial sufficiently similar went coplon caldwell invoke rule decisions consequently test fleet trial resulted conviction instead hung jury conviction presumptively set aside constitutionally defective cf black ante holding follows presumption petitioner conviction present case set aside unprecedented irrational coplon caldwell appeals held government intrusion upon defendant relationship lawyer invalidates trial occurred app app cases directed new trial second trial caldwell resulted conviction declined review app argument therefore goes far beyond anything decided caldwell coplon petitioner argument accepted new conviction existing charges caldwell even conviction different charges defendant possible imagine case prosecution might pervasively insinuate councils defense make new trial charges impermissible sixth amendment even arguable situation hypothesized government previous activities undermining defendant sixth amendment rights one trial make evidence obtained thereby inadmissible different trial charges case us remotely approach situation clinching basic fact present case none petitioner incriminating statements partin heard made presence counsel hearing counsel connection way legitimate defense test fleet prosecution petitioner statements related commission quite separate offense attempted bribery jurors statements made partin presence lawyers even assuming therefore might sixth amendment violation might made invalid conviction one test fleet case evidence supplied partin present case sense fruit violation wong sun case involving exclusion evidence fourth amendment stated apt question case whether granting establishment primary illegality evidence instant objection made come exploitation illegality instead means sufficiently distinguishable purged primary taint maguire evidence guilt even upon premise strict standard excludability apply sixth amendment question need decide clear partin evidence case consequence exploitation sixth amendment violation petitioner incriminating statements partin testified case totally unrelated time subject matter assumed intrusion partin conferences petitioner counsel test fleet trial incriminating statements made presence hearing petitioner counsel embodied antithesis legitimate defense test fleet trial petitioner second argument sixth amendment needs extended discussion argument goes follows later october government sufficient ground taking petitioner custody charging endeavors tamper test fleet jury government done continued question petitioner without observance sixth amendment right counsel massiah escobedo illinois therefore argument concludes evidence statements made petitioner subsequent october inadmissible government acquired evidence flouting petitioner sixth amendment right counsel nothing massiah escobedo case come attention even remotely suggests novel paradoxical constitutional doctrine decline adopt constitutional right arrested police required guess peril precise moment probable cause arrest suspect risking violation fourth amendment act soon violation sixth amendment wait long law enforcement officers constitutional duty call halt criminal investigation moment minimum evidence establish probable cause quantum evidence may fall far short amount necessary support criminal conviction iv finally petitioner claims even violation separately measured amendment fourth amendment compulsory clause fifth amendment sixth amendment case judgment conviction must nonetheless reversed argument based upon due process clause fifth amendment totality government conduct test fleet trial operated said offend canons decency fairness express notions justice peoples even toward charged heinous offenses rochin california argument boils general attack upon use government informer shabby thing case claim circumstances particular case risk partin testimony might perjurious high insofar general attack upon use informers based upon historic notions peoples without historical foundation words judge learned hand courts countenanced use informers time immemorial cases conspiracy cases crime consists preparing another crime usually necessary rely upon upon accomplices criminals almost certainly proceed covertly dennis say secret government informer slightest degree free relevant constitutional restrictions government agent see massiah say use secret informers per se unconstitutional petitioner quite correct contention partin perhaps even informers may motives lie follow testimony untrue follow testimony constitutionally inadmissible established safeguards legal system leave veracity witness tested credibility testimony determined properly instructed jury trial case partin subjected rigorous extent nature dealings federal state authorities insistently explored trial judge instructed jury specifically generally regard assessing partin credibility constitution require us upset jury verdict affirmed opinion justice douglas see post footnotes partin testified trial case petitioners hoffa king made following statements course test fleet trial october day partin first arrived nashville king told meeting set jury night evening hoffa told partin wanted partin stay nashville order call people hoffa explained going get one juror try get scattered jurors take chances next day partin told hoffa hoffa might want pass something hoffa said hit rear pocket hand october day test fleet juror james tippens reported trial judge approached bribe offer partin asked hoffa wanting partin pass something hoffa replied dirty bastards went told judge neighbor offered added going lay low days king told partin october intended influence female juror paschal hoffa favor added juror husband highway patrolman loved money lot money hoffa informed partin october pay whatever whatever cost get jury november partin presence hoffa berated king failing promises get patrolman king told partin arranging meeting highway patrolman november king admitted partin yet contacted highway patrolman hoffa complaining getting jury hoffa criticized king presence partin november making contact like told adding wanted insurance later day king told partin arranged meet highway patrolman prepared cover story allay suspicion november hoffa asked king partin presence whether made contacts king related partin november meeting king juror paschal husband stating highway patrolman wanted promotion rather money day hoffa told partin disturbed highway patrolman take money adding taken money pinned backed evidence trial petitioner campbell union associate hoffa petitioner parks campbell uncle made bribe offers gratin fields negro juror november according partin hoffa told partin colored male juror hip pocket campbell took care hoffa told partin campbell negro related fields fields refused bribe go people hoffa concluded looks like best bet hung jury unless get foreman jury hung jury acquittal never try case denying defense motion suppress partin testimony trial stated find government place witness partin defendants midst anything placing midst rather knowingly voluntarily placed midst one defendants trial memorandum denying motion new trial contained following statement action denying motions defendants suppress testimony witness partin complained grounds motions new trial contended one findings fact respect motion suppress rendered incorrect subsequent evidence case contended telephone transcriptions telephone calls partin hoffa october established defendant hoffa invite partin nashville telephone transcriptions reflect defendant hoffa agreed appointment see partin nashville even defendant hoffa initiate invitation partin come nashville rather partin solicited invitation way alter finding government place keep partin defendant hoffa government requested partin report information jury tampering illegal activity became aware partin voluntarily furnished information remained nashville returned nashville either request consent defendant hoffa instruction government deal law arrest fourth amendment applicability fourth amendment partin stranger petitioner question decide cf lewis ante many links frequently compose chain testimony necessary convict individual crime appears true sense rule witness compellable furnish one willie fed cas emphasis supplied petitioner maintains one character witnesses test fleet trial shows prosecution availed information transmitted partin following exchange prosecutor witness occurred defense counsel give anything read mr sammut sir even newspaper even newspaper talking newspapers talking respect testimony give anything read respect testimony talked gave written questions answers questions asked questions answered coplon grant new trial conditioned defendant proof wiretapping allegations caldwell case appeals implicitly recognized possibility case arising showing made prejudice defense nature necessarily render subsequent trial unfair accused app put one side extraordinary problems arisen petitioner arrested charged progress test fleet trial partin underwent entire week defense afforded wide latitude probe partin background character ties authorities permitted explore matters normally excludable example whether partin charged crime even though charge never prosecuted judge instructed jury petitioner contention invite edward partin come nashville tennessee trial test fleet case said edward partin came accord pretense attempting convince hoffa teamsters local union baton rouge louisiana placed trusteeship reason partin indictment misconduct partin part real purpose fabricating evidence hoffa order serve purposes interests jury instructed carefully scrutinize testimony given circumstances witness testified every matter evidence tends indicate whether witness worthy belief consider witness intelligence motives state mind demeanor manner witness stand consider also relation witness may bear either side case evidence witness whose shown either benefits received detriments suffered threats promises made attitude witness might tend prompt testimony either favorable unfavorable accused considered caution weighed care chief justice warren dissenting agree either opinion affirming convictions separate opinions justice clark justice douglas effect writs certiorari improvidently granted latter seems finding district troubles brothers clark douglas fact roadblock review important questions presented petitions long settled bound findings lower courts alleged fundamental constitutional rights violated jacobellis ohio haynes washington watts indiana hooven allison evatt norris alabama said duty make independent examination record federal constitutional deprivations alleged clear resting solemn responsibility maintaining constitution inviolate napue illinois finding question one district judge arrived resolving contradictory testimony basis credibility findings fact based crediting testimony witnesses discrediting testimony others may properly accorded insulation appellate review superior opportunity trial judge observe demeanor witnesses case however testimony concerning circumstances surrounding partin entry hoffa councils substantially dispute circumstances set forth greater detail infra brief summary discloses partin discussing hoffa federal agents learning intense mutually beneficial interest successfully solicited invitation meet hoffa partin release jail assisted federal agents compensated financial sense well return kept federal agents fully informed occurred outset contact hoffa surely reasonable construction facts partin acting paid federal informer traveled nashville attached hoffa fact hoffa partin urging agreed meeting nashville inconsistent conclusion invasion basic rights made possible prevailing upon friendship victim less proscribed invasion accomplished force see massiah gouled moreover time granted petitions certiorari cases knew exactly know findings district record us new facts change situation since come light short nothing prevent us facing important questions presented determining whether convictions stand either light constitution power supervision administration justice federal courts ii case two others decided today lewis ante osborn post present comparison different facets government use informers undercover agents two cases set voted sustain activity government case find impossible nature official practices evidenced offensive fair administration justice federal courts late date annals law enforcement seems say either every use informers undercover agents proper hand uses situations law adequately enforced without employment guile misrepresentation identity law enforcement officer performing official duties required always uniform wear badge authority lapel civilian clothing need required situations proclaim arm law blinks realities sophisticated criminal activity legitimate law enforcement practices argue contrary however one important duties give careful scrutiny practices government agents challenged cases us order insure protections constitution respected maintain integrity federal law enforcement find three cases decide today quite distinguishable regard although three involve may termed official deception order gather evidence criminal prosecutions police practices reviewed essentially different simplest three lewis wherein federal narcotics agent reason believe lewis trafficker narcotics called telephone using assumed name told mutual friend said lewis sold narcotics lewis affirmed nature occupation invited agent place business incidental matter turned also home agent went purchased narcotics arranged future dealings occur place basis later second purchase narcotics executed agent manner lewis intrusion upon privacy household nothing heard seen taken agent necessary part business transactions lewis purpose agent visits buy narcotics lewis details business dealings concerned lewis simply case undercover agent invaded place used business location home overtly covertly either seized something observed heard something unrelated business purpose visit said affirming lewis conviction principles elaborated gouled protect overreaching endorse unconscionable activities use unreliable informer sustain undercover work agent responsible lewis conviction compare sherman osborn case petitioner employed robert vick police officer nashville tennessee investigate persons members panel federal criminal jury selected prior trial james hoffa city although knew vick loyalty due police department learned vick cousin panel urged vick offer cousin return latter promise vote acquittal selected sit petit jury vick informed federal authorities proposal made affidavit effect judge preside hoffa trial judge order determine truthfulness affidavit protect integrity trial authorized equipping vick recording device used conversations petitioner see nothing wrong government thus verifying truthfulness informer protecting credibility fashion lopez decision sense supports conclusion unbridled use electronic recording equipment permitted searching crime lend judicial sanction wiretapping electronic bugging questionable spying practices used invade privacy appear increasingly prevalent country today cf silverman black ante schipani cert denied post rehearing granted judgment vacated case remanded suggestion solicitor general post consider lewis osborn materially even fundamentally different hoffa case edward partin jailbird languishing louisiana jail indictments state federal crimes embezzlement kidnapping manslaughter soon charged perjury assault contacted federal authorities told willing become useful informer hoffa tried test fleet case motive immediately apparent namely strong desire work way jail various legal entanglements state federal governments interesting note motive uniquely successful satisfying four years since first volunteered informer hoffa prosecuted serious federal charges time jailed state charges apparently vanished thin air shortly partin made contact federal authorities told position baton rouge local teamsters union acquaintance hoffa bail suddenly reduced released jail immediately telephoned hoffa new jersey collaborating state law enforcement official surreptitiously made tape recording conversation copy recording furnished federal authorities pretext wanting talk hoffa regarding partin legal difficulties partin telephoned hoffa weeks later succeeded making date meet nashville hoffa attorneys preparing test fleet trial unknown hoffa call also recorded federal authorities informed details upon arrival nashville partin manifested friendship made useful hoffa thereby worming way hoffa hotel suite becoming part parcel hoffa entourage faithful servant factotum defense camp became position overhear conversations directed many attorneys either client prospective defense witnesses pursuant general instructions received federal authorities report attempts witness intimidation tampering jury anything illegal even anything interest partin became equivalent bugging device moved hoffa wherever went everything partin saw heard reported federal authorities much ultimately subject matter testimony case services well paid government devious secret support payments wife may inferred executed promises pursue indictments charged time became informer type informer uses put case evidence serious potential undermining integrity process federal courts given incentives background partin conviction allowed stand based heavily testimony exactly quicksand upon convictions rest without partin principal government witness probably convictions thus although petitioners make main arguments constitutional grounds raise serious fourth sixth amendment questions even necessary reach questions affront quality fairness federal law enforcement case presents sufficient require exercise supervisory powers said ordering new trial mesarosh federal case involving testimony unsavory informer government admitted committed perjury cases federal criminal case supervisory jurisdiction proceedings federal courts duty perform regard see waters justice polluted pollution taken place condition remedied earliest opportunity government strong free nation need convictions based upon testimony afford abide say government may never use witness person dubious even bad character performing duty prosecute crime government must take witnesses finds may persons good bad doubtful credibility testimony may way establish facts leaving jury determine credibility case however totally different situation government reaches jailhouse employ man facing indictments far serious later including one perjury one confronting man offered inform employed purpose testifying something already happened rather purpose infiltration see crimes future committed government zeal even assisted gaining position witness confidential relationship attorney client engaged preparation criminal defense dubious evidence thus obtained government paid enormous price certainly criminal defendant insinuated informer prosecution camp manner guilty obstructing justice agree happened case keeping standards justice federal system must therefore dissent recording used means avoid calling informer testify noted opinion concurring result lopez sanction use secretly made recording purposes corroborating testimony witness give firsthand testimony concerning recorded conversations made available one sydney simpson partin cellmate time latter first contacted federal agents discuss hoffa testified affidavit follows sometime september transferred donaldsonville parish jail baton rouge parish jail placed cell partin first days partin acted sort brave clear going get hurry became excited nervous cell partin three days partin said know way get want hoffa want partin told going get one deputies get bill daniels bill daniels officer state louisiana partin said wanted talk daniels hoffa partin said going talk captain edwards ask get daniels deputy whose name known came took partin cell partin remained away several hours days later partin released jail day first saw deputy date partin released partin cell day sometimes part night one occasion partin returned cell said take days things straightened worry partin taken cell frequently day partin told time working daniels fbi frame hoffa one occasion asked partin knew enough hoffa help daniels fbi partin said make difference know fix cell asked partin hoffa partin replied difference make thinking thinking give damn hoffa mr dismiss writs certiorari improvidently granted writs certiorari granted cases limited following question whether evidence obtained government means deceptively placing secret informer quarters councils defendant one criminal trial violates defendant fourth fifth sixth amendment rights suppression evidence required subsequent trial defendant different charge long rule undertake review concurrent findings fact two courts absence obvious exceptional showing error graver mfg linde careful examination record shows choice two permissible views weight evidence district judge found weight evidence government appeals approved finding say record clearly erroneous yellow cab light finding bound issue us decision since evidence obtained government means deceptively placing secret informer quarters councils petitioner hoffa therefore dismiss writs improvidently granted one point informer partin testified hoffa one told wanted stick around petitioners witnesses testified partin suite virtually every day well nightly meetings ready access files offices acted outside door suite hoffa testify hearing motion suppress