United States v. Frederick Lyle McIntyre United States of America v. Dale Irwin Vanbuskirk

McIntyre and VanBuskirk appeal their convictions for violating and conspiring to violate 18 U.S.C. § 2511 (l)(a) and (b) (Title III of the Omnibus Crime Control and Safe Streets Act of 1968).

VanBuskirk was Chief of Police of Globe, Arizona, and McIntyre was a Lieutenant in that department. The Assistant Chief of Police was Robert McGann. VanBuskirk and McIntyre suspected McGann of leaking damaging information to political enemies of VanBuskirk. McIntyre also suspected McGann of narcotics trafficking.

On several occasions, McIntyre met with Officers Johnson and Ambos to discuss ways of confirming his suspicions concerning McGann. The three agreed that electronic surveillance of McGann’s office would best serve that purpose. McIntyre and Johnson also met with VanBuskirk in a city park near the police station. During this meeting VanBuskirk approved of the plan to “bug” McGann’s office if it “could be done legally”.

Several days after the meeting in the park, Officer Johnson placed a microphone and transmitter in a briefcase in McGann’s office. Johnson and Ambos attempted to monitor McGann’s conversations. They were able to overhear only a brief exchange between McGann and…