United States v. Patrick Earl Bowler

Patrick Bowler (Bowler) was indicted under six alleged counts of violating 18 U.S.C. § 1343 , fraud by wire. The essence of the charges was that Bowler had used a “blue box" to defraud the Mountain Bell Telephone Company (Bell) of money due for interstate telephone calls placed by Bowler.

After a hearing on Bowler’s motion to suppress the use of certain evidence, the case was tried to the District Court without a jury which found him guilty on all counts. Bowler was placed on four years probation as to each count with the requirement that he make restitution to Bell of $900.00.

On appeal, Bowler raises three issues regarding the admissibility of evidence. We affirm.

Bowler first came to the attention of Bell during an investigation of Donald Anderson, a fellow employee of Bowler’s, for blue box toll fraud. An “Hekemian” attached to Anderson’s telephone showed that he had made several telephone calls to Bowler’s number. David Burkhart, a security officer for Bell, placed a “snifter” on Bowler’s telephone solely because the Anderson tapes revealed the calls to Bowler’s home. Bell maintained a common practice of checking out “known associates” of blue box users. The snifter…