United States v. David Taketa and Thomas O'Brien

David Taketa, a Drug Enforcement Administration (“DEA”) agent, and Thomas O’Brien, an officer of the Nevada Bureau of Investigations (“NBI”), appeal their convictions for illegal wiretapping. The appellants contend that their convictions were obtained through the use of evidence seized in violation of the fourth amendment, that videotape evidence was improperly admitted, and that the district court improperly commented on the evidence. We hold that there was no fourth amendment violation by the warrantless search of O’Brien’s office. However, we hold that the admission into evidence of a videotape of O’Brien and Taketa violated the fourth amendment, and consequently reverse their convictions.

I

The facts of this case resemble a bad spy novel. David Taketa was the Special Agent in charge of the DEA office at McCarran International Airport in Las Vegas, Nevada. He shared the office with Thomas O’Brien, an NBI officer assigned to the DEA airport office for the purpose of joint federal-state investigations, but not working directly for the DEA. Another DEA agent, Leroy Kenneth Hartung, also worked at the airport office.

On April 3, 1986, DEA Agent Beth Walther Latheberry reported…