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United States v. Payner | 447 U.S. 727 (1980)

Since nineteen forty-three, the United States Supreme Court has allowed federal courts to exercise a limited supervisory authority in federal criminal cases to create rules of criminal procedure that aren’t required by the Constitution. Does that authority permit federal courts to suppress evidence obtained by law enforcement officers in flagrant violation of the Fourth Amendment when a criminal defendant lacks standing under the amendment to challenge the violation? The Supreme Court addressed this issue in United States versus Payner.

Internal Revenue Service, or IRS, agents investigated a Bahamian bank suspected of having unreported accounts of United States citizens. After agents learned that the bank’s vice president was visiting Florida, they arranged for an informant surreptitiously to take the vice president’s briefcase without permission. After the informant did so, the agents copied records inside the briefcase. The records revealed a lead to a Florida bank at which Jack Payner had an account. The agents later subpoenaed Payner’s records at the Florida bank, which proved that he had an account at the Bahamian bank. The agents discovered that Payner falsely had reported to the IRS that he didn’t have a foreign bank account.

A federal grand jury indicted Payner for making a false statement to the IRS. He pleaded not guilty and moved to suppress the evidence of his bank account that the agents had obtained from the Bahamian bank vice president. In a single proceeding, the federal district court conducted both a hearing on the motion to suppress and a bench trial. The court concluded that the agents had flagrantly violated the Fourth Amendment but that Payner lacked standing to challenge the search of the bank vice president’s briefcase under the Fourth Amendment. The court nevertheless suppressed the evidence as an exercise of the court’s supervisory authority. The court found that, without the suppressed evidence, there was insufficient evidence to convict Payner.

The government appealed to the Sixth Circuit, which affirmed the district court’s order suppressing the evidence. The government successfully petitioned the United States Supreme Court for review.

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