Federal Savings and Loan Insurance Corp. v. Gemini Management

David Taketa, a Drug Enforcement Administration ("DEA") agent, and Thomas OBrien, 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 OBriens office. However, we hold that the admission into evidence of a videotape of OBrien and Taketa violated the fourth amendment, and consequently reverse their convictions.