Hearst

ORDER DENYING MOTION TO SUPPRESS JAIL TAPE

On January 23, 1976 the defendant filed a motion to suppress certain evidence in the form of tapes made by means of electronic surveillance of the defendant’s conversations with her family and friends within the San Mateo County Jail, contending that admission of such tapes would violate defendant’s rights under the Fourth, Ninth and Fourteenth Amendments to the Constitution. The Court’s Memorandum of January 27, 1976 announced an intention to reserve ruling on the admissibility of that evidence until such time as it might be further identified or offered for admission.

Defense counsel called two witnesses outside the presence of the jury on February 20, 1976 to testify as to the practice and purpose of such jail recordings. Sheriff John R. McDonald, Jr. of the San Mateo County Jail and Lieutenant Roger L. Goed, the jail commander, testified that it is common practice to record conversations between inmates and their visitors, primarily for purposes of jail security.

Following this testimony the Government made an offer of proof with respect to a tape recording of the defendant’s conversation with her friend Trish Tobin on September…