United States v. Powell (469 U.S. 57)
U.S. Supreme Court · decided December 10, 1984 · Supreme Court Database (Spaeth)
- Citation
- 469 U.S. 57 · 105 S. Ct. 471
- Decided
- December 10, 1984
- Term
- October Term 1984
- Vote
- 9–0
- Majority author
- Justice Rehnquist
- Issue area
- Criminal Procedure
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice Rehnquist delivered the opinion of the Court. In Dunn v. United States, 284 U. S. 390 (1932), this Court held that a criminal defendant convicted by a jury on one count could not attack that conviction because it was inconsistent with the jury’s verdict of acquittal on another count. We granted certiorari in this case to determine whether the Court of Appeals for the Ninth Circuit correctly enunciated an exception to Dunn when it overturned respondent’s convictions. 467 U. S. 1203 (1984). In 1982, respondent Betty Lou Powell’s husband, Ron Powell, aided by his 17-year-old son Jeff and others, was operating a lucrative cocaine and methaqualone distributorship from the Powell home near San Diego, Cal. Federal authorities tapped the Powells’ telephone pursuant to a court order, and many conversations were recorded, including at least four which indicated that respondent was playing a minor role in the drug distributorship. Three of these conversations indicated that respondent was helping her husband and son to distribute drugs and to collect money owed for drugs sold. The fourth involved a conversation with a travel agent in which respondent booked an airline ticket for her husband in an assumed name. In April 1982, Ron Powell learned of the wiretap and notified his son, who called respondent and told her to leave home and drive to Los Ange-les. Respondent was followed…
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