United States v. Janis

Last updated
United States v. Janis
Seal of the United States Supreme Court.svg
Argued December 8, 1975
Decided July 6, 1976
Full case name United States, et al. v. Janis
Citations428 U.S. 433 ( more )
96 S. Ct. 3021; 49 L. Ed. 2d 1046
Case history
PriorJudgment for plaintiff, 428 U.S. 437
SubsequentDecision reversed on ground of the Fourth Amendment and exclusionary rule, 428 U.S. 433
Holding
The exclusionary rule does not apply to civil cases in which unconstitutionally seized evidence is used by a different sovereign than that which seized it.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr.  · Potter Stewart
Byron White  · Thurgood Marshall
Harry Blackmun  · Lewis F. Powell Jr.
William Rehnquist  · John P. Stevens
Case opinions
MajorityBlackmun, joined by Burger, White, Powell, Rehnquist
DissentBrennan, joined by Marshall
DissentStewart
Stevens took no part in the consideration or decision of the case.
Laws applied
U.S. Const. Amend. IV

United States v. Janis, 428 U.S. 433 (1976), was a Supreme Court Case that found Max Janis and Morris Levine guilty of illegal bookmaking activities in Los Angeles in a 5-3 ruling. The two were arrested for the crime in November 1968. Appealing on the grounds of unconstitutionally seized evidence, Janis and Levine were heard by the 9th Circuit Court of Appeals in 1973. The case was ultimately heard by the Supreme Court in 1975, and the two were found guilty in 1976. More importantly, the case established that the exclusionary rule does not apply to civil cases where evidence is unconstitutionally seized by a state officer but used by a federal institution.

Los Angeles City in California

Los Angeles, officially the City of Los Angeles and often known by its initials L.A., is the most populous city in California, the second most populous city in the United States, after New York City, and the third most populous city in North America. With an estimated population of four million, Los Angeles is the cultural, financial, and commercial center of Southern California. The city is known for its Mediterranean climate, ethnic diversity, Hollywood and the entertainment industry, and its sprawling metropolis. Los Angeles is the largest city on the West Coast of North America.

Contents

Background

In Los Angeles in 1968, Officer Leonard Weissman of the Los Angeles Police Department obtained a warrant authorizing the search for bookmaking paraphernalia in two apartments in the city. These apartments respectively belonged to Morris Levine and Max Janis. Officer Weissman had been conducting surveillance on the two men from September 14 through November 30 of 1968, during which time he suspected the two of illegal bookmaking. [1]

Los Angeles Police Department municipal police department in California

The Los Angeles Police Department (LAPD), officially the City of Los Angeles Police Department, is the police department of Los Angeles, California. With 9,988 officers and 2,869 civilian staff, it is the third-largest municipal police department in the United States, after the Chicago Police Department and the New York City Police Department. The department operates in an area of 498 square miles (1,290 km2) and a population of 4,030,904 people.

Upon the search, the officer confiscated $4,940 in cash, bookmaking records, and arrested the two men. The bookmaking records seized were a five-day sample of the men's income from the business. He later contacted a revenue agent in the Internal Revenue Service (IRS) to analyze these records. [1]

Internal Revenue Service revenue service of the United States federal government

The Internal Revenue Service (IRS) is the revenue service of the United States federal government. The government agency is a bureau of the Department of the Treasury, and is under the immediate direction of the Commissioner of Internal Revenue, who is appointed to a five-year term by the President of the United States. The IRS is responsible for collecting taxes and administering the Internal Revenue Code, the main body of federal statutory tax law of the United States. The duties of the IRS include providing tax assistance to taxpayers and pursuing and resolving instances of erroneous or fraudulent tax filings. The IRS has also overseen various benefits programs, and enforces portions of the Affordable Care Act.

The Assessment

Because Janis and Levine never filed tax returns from the income received during the period they were under Weissman's surveillance, the IRS agent made an assessment congruent to 4401 of the Internal Revenue Code. The section indicates that any unauthorized wager (i.e. those accepted in illegal bookmaking) shall have a 2% excise tax placed on them. [2] Thus, a two percent tax was placed on the estimated income of Levine and Janis. This income was derived from multiplying the average income from the aforementioned five-day sample by 77 – the number of days the two men were under Weissman's surveillance. When all computations were made, the IRS made an assessment of $89,026.09 against the two men. [1]

The Internal Revenue Code (IRC), formally the Internal Revenue Code of 1986, is the domestic portion of federal statutory tax law in the United States, published in various volumes of the United States Statutes at Large, and separately as Title 26 of the United States Code (USC). It is organized topically, into subtitles and sections, covering income tax, payroll taxes, estate taxes, gift taxes, and excise taxes; as well as procedure and administration. Its implementing agency is the Internal Revenue Service.

Acting under 26 U.S.C. 6331, which gives the IRS the power to levy property from those who evade taxes, the original $4,940 was seized from Janis and Levine by the IRS as a part of the much larger assessment. [3]

Upon being charged of violating gambling laws in Los Angeles Court, Levine and Janis appealed. They moved to suppress the warrant, or void it on the grounds that it was not constitutional. Ironically, the same judge that handed out the warrant was the one that heard the appeal for the warrant suppression. The Janis counsel held that Officer Weissman's affidavit was not convincing enough to warrant the search. [1] They cited Spinelli v. United States , a case decided just before the issuing of the warrant that set precedent on how these warrants were to be approved. [4]

The Faulty Warrant

Joining with Aguilar v. Texas , a case that established "hearsay" information was not enough to produce a warrant, a two-pronged test was established in 1969, known as the “Aguilar-Spinelli test”. [5] The test required two crucial pieces of information: one being that the information supporting the necessity of the warrant is reliable and credible, and the other being that the circumstances of the surveillance must be made clear to the judge. [6]

Janis and Levine appealed on the grounds that the former, in that the affidavit supporting the warrant was inadequate.

Both the District Court and the Ninth Circuit Court of Appeals held that the affidavit contained insufficient information and the evidence obtained by the warrant was therefore illegal. The government submitted a counterclaim to these rulings but it was quickly dismissed. Based on this, the Supreme Court granted certiorari.

Logic of the Supreme Court

The Court started by recognizing the central issue it faced. This issue was not question of illegally obtained evidence procured with a faulty warrant. The Court had already spoken several times on this issue and other issues related to the Fourth Amendment. Instead, the general question asks that if evidence seized by a state officer (Officer Weissman of the LAPD), but used by a federal department (the IRS) is admissible in a civil case - that being the one revolving around the tax assessment against Janis. [1]

The Court states that there are two separate pieces to the entire case. The first of these is the "refund suit". Max Janis appealed his conviction and wanted a refund of the $4,940 taken from him. The second part of the case is a “tax collection suit”. This is the government's counterclaim to recollect the taxes, which was quickly shot down by the Ninth Circuit Court of Appeals. [1]

The Court much discussed the “burden of proof”, or the need someone bears of proving themselves innocent. It was found that, since he was the original defendant, Janis carried this burden of proof. In his appeal, he needed to prove to the Court that the tax assessment made on him was incorrect. If this could not be done, Janis needed to provide what the correct assessment should have been. The Supreme Court felt he failed to prove his case. Logic would then take the side of the government and declare the tax assessment just. However, the true predicament of the case is that the government failed to prove their case either. The assessment made by the IRS was found to be “naked” because of the issue of the faulty warrant. [1]

To determine which side was innocent and which was guilty, the Court first went through a lengthy history of the Fourth amendment. They established the fact that there is a solid argument for both sides; on one hand the lower courts ruled that the evidence had been illegally obtained, and thus the assessment this evidence yielded is not valid. On the other hand, the government makes a convincing case that the assessment was legal, even if the evidence was obtained with a faulty warrant. As the Court puts it, the officer that obtained the evidence and the agency that analyzed it (the IRS) are two separate “sovereigns”. The Court closely notes that Janis cited several instances where the exclusionary rule has been extended to civil cases, however all of these instances were “intrasovereign”, not “intersovereign”. Compton v. United States was cited, a case in which the Fourth Circuit Court determined that the fact that evidence is seized illegally by the police is irrelevant to a tax assessment made by the IRS. This case was strikingly similar to the one at hand and provided key case law for the decision. [7]

Opinions of the Court

Majority Opinion

The majority opinion was written by Justice Harry A. Blackmun. Chief Justice Warren E. Burger, along with Justices White, Powell, and Rehnquist joined in the majority opinion. [8] The Supreme Court came to the conclusion that the use of this evidence seized unconstitutionally by a state officer does not “outweigh the societal costs imposed by the exclusion.” Therefore, they do not think it is fair to exclude the evidence from a federal institution, like the IRS. They believe this because it “falls outside the offending officer’s zone of primary interest.” In their concluding statement, the Court said “There comes a point at which courts, consistent with their duty to administer the law, cannot continue to create barriers to law enforcement in the pursuit of a supervisory role that is properly the duty of the Executive and Legislative Branches. We find ourselves at that point in this case.” [1] In other words, they feel that extending the exclusionary rule to civil proceedings that include separate sovereigns is unfair in the name of justice. No concurring opinions were written for the case.

Dissenting Opinion

Both Justice Brennan and Justice Stewart wrote dissenting opinions. Justice Marshall joined Brennan's dissent, making the 3rd Justice to disagree with the ruling. [8] The dissent of Justice Brennan and Marshall essentially argued that the exclusionary rule should be supreme since it is such a vital concept of the Fourth amendment. They felt the court continued to exhibit a “business of slow strangulation of the rule.” [1]

Justice Stewart's dissent argued a similar point, just in a different way. He cited Elkins v. United States , in which the Supreme Court ditched the “silver platter doctrine”. This doctrine was an aspect of the exclusionary rule after it was created, but before the landmark case of Mapp v. Ohio , in which illegally seized evidence by a state officer could be used in a federal civil proceeding. [9] Stewart's citation of Elkins made the point that an exception should not be made just because two different sovereigns are involved. Nonetheless, he was the only Justice that felt this way on the issue.

Related Research Articles

Fourth Amendment to the United States Constitution

The Fourth Amendment to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized.

Mapp v. Ohio, 367 U.S. 643 (1961), was a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state courts, as well as in federal criminal law prosecutions in federal courts as had previously been the law. The Supreme Court accomplished this by use of a principle known as selective incorporation; in Mapp this involved the incorporation of the provisions, as interpreted by the Court, of the Fourth Amendment which is applicable only to actions of the federal government into the Fourteenth Amendment due process clause which is applicable to actions of the states.

In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. The exclusionary rule may also, in some circumstances at least, be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law".

Wolf v. Colorado, 338 U.S. 25 (1949), was a United States Supreme Court case in which the Court held 6-3 that, while the Fourth Amendment was applicable to the states, the exclusionary rule was not a necessary ingredient of the Fourth Amendment's right against warrantless and unreasonable searches and seizures. In Weeks v. United States, 232 U.S. 383 (1914), the Court held that as a matter of judicial implication the exclusionary rule was enforceable in federal courts but not derived from the explicit requirements of the Fourth Amendment. The Wolf Court decided not to incorporate the exclusionary rule as part of the Fourth Amendment in large part because the states which had rejected the Weeks Doctrine had not left the right to privacy without other means of protection. However, because most of the states' rules proved to be ineffective in deterrence, the Court overruled Wolf in Mapp v. Ohio, 367 U.S. 643 (1961). This landmark case made the exclusionary rule enforceable against the states through the Due Process clause of the Fourteenth Amendment to the same extent that it applied against the federal government.

Weeks v. United States, 232 U.S. 383 (1914), was a United States Supreme Court case in which the Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment. It also prevented local officers from securing evidence by means prohibited under the federal exclusionary rule and giving it to their federal colleagues. It was not until the case of Mapp v. Ohio, 367 U.S. 643 (1961), that the exclusionary rule was deemed to apply to state courts as well.

Stanley v. Georgia, 394 U.S. 557 (1969), was a United States Supreme Court decision that helped to establish an implied "right to privacy" in U.S. law, in the form of mere possession of obscene materials.

California v. Greenwood, 486 U.S. 35 (1988), was a case in which the Supreme Court of the United States held that the Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home.

United States v. Leon, 468 U.S. 897 (1984), was a United States Supreme Court case in which the Court established the "good faith" exception to the Fourth Amendment exclusionary rule.

Illinois v. Gates, 462 U.S. 213 (1983), is a Fourth Amendment case. Gates overruled Aguilar v. Texas and Spinelli v. United States, thereby replacing the Aguilar–Spinelli test for probable cause with the "totality of the circumstances" test.

The Aguilar–Spinellitest was a judicial guideline set down by the U.S. Supreme Court for evaluating the validity of a search warrant or a warrantless arrest based on information provided by a confidential informant or an anonymous tip. The Supreme Court abandoned the AguilarSpinelli test in Illinois v. Gates, 462 U.S. 213 (1983), in favor of a rule that evaluates the reliability of the information under the "totality of the circumstances." However, Alaska, Hawaii, Massachusetts, New York, Tennessee, Vermont, Oregon, and Washington have retained the Aguilar–Spinelli test, based on their own state constitutions.

Hudson v. Michigan, 547 U.S. 586 (2006), is a United States Supreme Court case in which the Court held that a violation of the Fourth Amendment requirement that police officers knock, announce their presence, and wait a reasonable amount of time before entering a private residence does not require suppression of the evidence obtained in the ensuing search.

Arizona v. Evans, 514 U.S. 1 (1995), was a United States Supreme Court case in which the Court instituted an exclusionary rule exception allowing evidence obtained through a warrantless search to be valid when a police record erroneously indicates the existence of an outstanding warrant due to negligent conduct of a Clerk of Court.

Silverthorne Lumber Co. v. United States, 251 U.S. 385 (1920), was a U.S. Supreme Court Case in which Silverthorne attempted to evade paying taxes. Federal agents illegally seized tax books from Silverthorne and created copies of the records. The issue in this case is whether or not derivatives of illegal evidence are permissible in court. The ruling, delivered by Oliver Wendell Holmes, Jr., was that to permit derivatives would encourage police to circumvent the Fourth Amendment, so the illegal copied evidence was held tainted and inadmissible. This precedent later became known as the "fruit of the poisonous tree doctrine," and is an extension of the exclusionary rule.

California v. Ciraolo, 476 U.S. 207 (1986), was a case decided by the United States Supreme Court, in which it ruled that warrantless aerial observation of a person's backyard did not violate the Fourth Amendment to the United States Constitution.

Herring v. United States, 555 U.S. 135 (2009), was a case decided by the Supreme Court of the United States on January 14, 2009. The court decided that the good-faith exception to the exclusionary rule applies when a police officer makes an arrest based on an outstanding warrant in another jurisdiction, but the information regarding that warrant is later found to be incorrect because of a negligent error by that agency.

United States v. Payner, 447 U.S. 727 (1980), is a United States Supreme Court case in which the Court reversed a district court's suppression of evidence in the criminal prosecution of an Ohio businessman charged with tax evasion. The case concerned both issues of criminal procedure and the application of the exclusionary rule derived from the Fourth Amendment. By a 6–3 margin the Court both reaffirmed its earlier rulings' holding that only the party whose Fourth Amendment protections may have been violated has standing to challenge the evidence seized in the search, and barred lower courts from exercising their supervisory power to exclude such evidence at the trial of third parties.

Elkins v. United States, 364 U.S. 206 (1960), was a US Supreme Court decision that held the "silver platter doctrine", which allowed federal prosecutors to use evidence illegally gathered by state police, to be a violation of the Fourth Amendment to the United States Constitution.

Murray v. United States, 487 U.S. 533 (1988), was a United States Supreme Court decision that created the modern "independent source doctrine" exception to the exclusionary rule. The exclusionary rule makes most evidence gathered through violations of the Fourth Amendment to the United States Constitution inadmissible in criminal trials as "fruit of the poisonous tree". In Murray, the Court ruled that when officers conduct two searches, the first unlawful and the second lawful, evidence seized during the second search is admissible if the second search "is genuinely independent of [the] earlier one."

Utah v. Strieff, 579 U.S. ___, 136 S. Ct. 2056 (2016), was a case in which the Supreme Court of the United States limited the scope of the Fourth Amendment's exclusionary rule.

Collins v. Virginia, No. 16-1027, 584 U.S. ___ (2018), was a case before the Supreme Court of the United States involving search and seizure. At issue was whether the Fourth Amendment's automobile exception permits a police officer, uninvited and without a warrant, to enter private property, approach a house, and search a vehicle parked a few feet from the house otherwise visible from off the property. In an 8–1 judgement, the Supreme Court ruled that the automobile exception does not apply to vehicles parked within the home or curtilage of a private homeowner.

References

[1] [2] [3] [4] [5] [6] [7] [8] [9]

  1. 1 2 3 4 5 6 7 8 9 10 United States v. Janis, 428 U.S. 433 (1976).
  2. 1 2 "Imposition of Tax".
  3. 1 2 "Levy and Distraint".
  4. 1 2 Spinelli v. United States , 393 U.S. 410 (1969).
  5. 1 2 Aguilar v. Texas , 378 U.S. 108 (1964).
  6. 1 2 "Aguilar-Spinelli Test".
  7. 1 2 "Compton v. United States" (PDF).
  8. 1 2 3 "United States v. Janis".
  9. 1 2 Elkins v. United States , 364 U.S. 206 (1960).