United States v. Calandra

Federal officers obtained a warrant to search the defendant’s business premises for evidence of illegal gambling operations. The warrant specified the object of the search was bookmaking records and wagering paraphernalia. The search did not reveal any gambling paraphernalia. However, in exceeding the scope of the warrant, an officer found an index card suggesting that Dr. Walter Loveland had been making periodic payments to the defendant. The officer was aware the U.S. Attorney’s Office was investigating possible violations of extortionate credit transactions, and that Dr. Loveland had been a victim. The defendant was subpoenaed by a special Grand Jury convened to investigate the proliferation of “loan sharking” activities. The defendant refused to respond because the information identifying him with these activities had been illegally obtained.