What is the current state of the law on the fourth amendment and the use of tape recordings?

The tape recordings in the present case were not obtained in violation of the fourth amendment. See United States v. White, 401 U.S. 745, 751-53, 91 S.Ct. 1122, 1125-27, 28 L.Ed.2d 453 (1971). The fourth amendment does not afford protection to wrongdoers' misplaced confidences. Hoffa v. United States, 385 U.S. 293, 302, 87 S.Ct. 408, 413, 17 L.Ed.2d 374 (1966). Nor were the tape recordings obtained in violation of federal law. Under 18 U.S.C. Sec. 2511(2)(c), the tape recordings were lawful and, thus, were admissible under federal law. 18 U.S.C. Sec. 2517(3).

We also reject the attempt by appellants to bypass this clear rule by invoking the supervisory power of the district court. The supervisory power is to be applied with caution when the result of its application would be to exclude probative evidence. See United States v. Payner, 447 U.S. 727, 734-35, 100 S.Ct. 2439, 2445-46, 65 L.Ed.2d 468 (1980). We decline to apply it here, where there has been no outrageous conduct by the agent and no violation of any appellants' federal rights.

B. 18 U.S.C. Sec. 3109