Supreme Court of the United States
Osborn v. United States
December 12, 1966385 U.S. 323
Summary
The Supreme Court affirmed Osborn’s conviction, holding that the secretly recorded conversation was admissible because it was obtained under a narrowly tailored judicial authorization consistent with Lopez, that the entrapment defense did not apply, and that the statute criminalizes any corrupt endeavor regardless of success. The Court also rejected the impossibility argument. Justice Douglas dissented, arguing that the surveillance violated privacy rights.
Holding
- Whether the taped conversation obtained by a concealed recorder authorized by district judges violated the Fourth Amendment and should be excluded. The recording was admissible; the use of the device was permissible because the judges’ specific authorization satisfied the particularity requirement articulated in Lopez
- Whether Osborn is entitled to an entrapment defense. Osborn is not entitled to an entrapment defense because Vick’s statements merely provided opportunity, not government‑induced compulsion
- Whether the impossibility doctrine bars conviction under 18 U.S.C. §1503 because the bribery was never completed. The impossibility defense does not apply; the statute criminalizes any corrupt "endeavor" regardless of success
- Whether the admission of Vick’s affidavit and related evidence was proper. The admission of Vick’s affidavit and related evidence was proper and did not constitute reversible error
Docket 29