____________________
No. 95-2338
IN RE:
GRAND JURY.
____________________
____________________
Before
____________________
States Attorney,
____________________
____________________
Per Curiam.
__________
appeals
to
answer
questions
before
witness/contemnor refused
question
The
violated his
government
filed
to answer
grand
jury.
on the ground
The
that the
rights under
the
fourth amendment.1
for
contempt
petition
witness/contemnor responded
18 U.S.C.
by filing a motion,
and
the
pursuant to
the existence
of any
surveillance which
to
be
put
submissions
to
from
the
witness."
the
After
special
agent
hearing
in
in
__
charge
camera
______
of
the
to
the
witness, the
cause" for
court held
refusing to comply
the
with the
witness had
no "just
immunity order
and
held
him in
contempt.
contempt order.2
1826(a).
the
appeals this
We affirm.
grand jury
"just cause"
The witness/contemnor
witness
may be
who refuses
held in
to testify
civil contempt.
without
18 U.S.C.
witness were
based on
illegal electronic
surveillance
____________________
1.
This
witness
court has
to
refuse
held that
to
the rights
answer questions
of a
based
grand jury
on
illegal
3504]."
In
__
2.
a finding of contempt.
(1972);
In re Doe, 988
___________
"[U]pon
claim
by
inadmissible because
the government
F.2d
party
it is
213
aggrieved
(1st Cir.
that
[derived from an
must "affirm or
211,
deny the
18 U.S.C.
1992).
evidence is
illegal act],"
occurrence of
the
Proceedings,
___________
The
case
786 F.2d 3,
7 (1st Cir.
failed
to
allegation.
erred
meet
its
burden
Alternatively, he
in hearing
the government
in this
of
to
responding
asserts
testimony concerning
the district
the
the
court
surveillance in
__
camera.
______
A "purely
act occurred
conclusory denial"
that an
alleged unlawful
to a
3504 claim.
Rather, the
government
were
position,
reasonably
must
by
show
first
"that
those
hand-knowledge
to ascertain
whether
or
responding
in
or
through
inquiry,
not
relevant
illegal
Cir. 1975).
that those
they have
other
In re Quinn, 525
___________
no knowledge of
taps [than
those
revealed] in
-3-
formulating lines
of
response
the government
relevant
materials
provides
supporting
the court
all
access to
wiretaps
In
response
presented
to
the
3504
claim,
which
the
the
Id. at 473.
___
the
government
witness/contemnor
surveillance
which
came from
already revealed to
itself
affirmed
was
derived
surveillance
had
electronic
pursuant to
that it
from
previously
The
a warrant
district court
held the
warrant
lawful.
for
all communications
prosecutor in this
reasonably
taken
between
case.
The
place in
court, see
___
1016
(1st
attorney
in charge
(finding
an affirmance
formulating
the
Cir.
of the
investigators and
any illegal
the investigation.
by this
1013,
the
to ascertain whether
requested
F.2d
swore that he
subsequent affidavit
1990), and
investigation,
the
questions
to
a position
activities had
Grand Jury v.
__________
by
Gassiraro, 918
_________
submitted
see id.
___ __
by
witness
the
at 1015
attorney investigating
the
the
and
particularly
we had
-4-
Nor
to
hear
camera.
______
sworn
The
testimony
concerning
the
district
court
wide
determining whether
or
not
to
has
withhold
surveillance
in
__
discretion
in
the
government's
submissions concerning
raises a
similar
3504 claim,
in camera
__ ______
In re Doe, 988
_________
submissions
have been
approved by
this
at 7.
Having reviewed
of
-5-