Supreme Court of the United States

Osborn v. United States

December 12, 1966385 U.S. 323

Summary

The Court affirmed Osborn's conviction, holding that a recording made by a government informant was admissible because federal judges had authorized the recording in advance based on a detailed affidavit alleging a specific offense, with the authorization narrowly limited to determining the affidavit's truth. The Court also held that the evidence did not establish entrapment as a matter of law and that the statutory offense was complete upon an unlawful endeavor to influence a juror, even though the planned bribe was never actually delivered. Justice Douglas, dissenting, would have excluded the recording as an unconstitutional invasion of privacy and reversed the conviction.

Holding

  • Admissibility of the concealed recording. The recording was lawfully obtained and properly admitted because its use was authorized in advance by federal judges in response to a detailed sworn affidavit alleging a specific offense, and the authorization was narrowly directed to determining whether the allegations were true.
  • Entrapment. Entrapment was not established as a matter of law because the conflicting accounts of the pre-recording meetings presented a factual question for the jury, and Vick's disclosure that he knew prospective jurors merely furnished an opportunity or facility for the offense rather than inducing an otherwise innocent person.
  • Impossibility and liability for an endeavor under 18 U. S. C. § 1503. Osborn's conduct violated the statute even though Vick never approached Elliott and never intended to do so, because the statute criminalizes an endeavor to impede the due administration of justice rather than requiring successful corruption of a juror.

Docket 29

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