The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Tuesday, March 27, 1984
Decision: Monday, May 21, 1984
Issues: Criminal Procedure, Miscellaneous
Categories: criminal, searches and seizures, standing, wiretapping

Advocates

Herbert Shafer (on behalf of Petitioners)
Mary Beth Westmoreland (on behalf of Respondent)

Facts of the Case

Acting under court authorization, Georgia police placed wiretaps on a number of phones and conducted searches pursuant to an investigation of illegal gambling. A number of people were indicted as a result of the investigation. The defendants moved to suppress the wiretaps and the evidence seized during the searches. Because the wiretap evidence related to alleged offenders not then on trial, Georgia moved to close to the public any hearing on the motion to suppress. A trial court upheld Georgia's move to close the hearing.

Question

Did the closure of the hearing violate the right to a public trial under the Sixth and Fourteenth Amendments?

Conclusion

In a unanimous decision, the Court held that the Sixth Amendment right to a public trial applied to suppression hearings. The Court found that the "aims and interests" of public trials were "no less pressing in a hearing to suppress wrongfully seized evidence." The Court noted that the presumption of openness for trials could be overcome only by overriding interests based on findings that closure was absolutely necessary to preserve higher values and was narrowly tailored to serve those interests.

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
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Decision: 9 votes for Waller, 0 vote(s) against
Legal Provision: Amendment 6: Other Sixth Amendment Provisions
Voted with the majority
Marshall
Voted with the majority
Brennan
Voted with the majority
Stevens
Voted with the majority
Blackmun
Voted with the majority
White
Wrote the majority opinion
Powell
Voted with the majority
Burger
Voted with the majority
O'Connor
Voted with the majority
Rehnquist
Full Opinion by Justice Lewis F. Powell, Jr.

Cite this page

The Oyez Project, Waller v. Georgia, 467 U.S. 39 (1984),
available at: <http://www.oyez.org/cases/1980-1989/1983/1983_83_321/>
(last visited ).