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United States v. Anthony Salerno and Vincent Cafaro

Citations: 794 F.2d 64; 1986 U.S. App. LEXIS 26959Docket: 1387

Court: Court of Appeals for the Second Circuit; July 3, 1986; Federal Appellate Court

Narrative Opinion Summary

In this case, the defendants were charged with serious offenses under the Racketeer Influenced and Corrupt Organizations Act (RICO), among others, and detained pretrial under the Bail Reform Act of 1984. The district court found that their release posed a threat to community safety, despite no flight risk, based on evidence of their involvement in organized crime and violent conspiracies. The defendants appealed, arguing statutory and constitutional violations, including improper use of electronic surveillance evidence and the violation of due process rights. The appellate court upheld the statutory application regarding surveillance but found the pretrial detention provisions unconstitutional under the Due Process Clause. It concluded that detention based solely on the potential for future crimes violates constitutional principles, emphasizing that the justice system must focus on accountability for past conduct. The court vacated the district court's detention orders, remanded for the setting of bail conditions, and stayed the mandate pending the resolution of a related case. Chief Judge Feinberg dissented, arguing for the constitutionality of the Bail Reform Act in protecting community safety against dangerous individuals.

Legal Issues Addressed

Constitutionality of the Bail Reform Act

Application: The panel noted that while the Bail Reform Act aims to prevent pretrial crimes, detention based on perceived danger to the community is unconstitutional.

Reasoning: Consequently, the majority concludes that Section 3142(e) of the Bail Reform Act, which permits detention for this reason, is unconstitutional.

Due Process and Preventive Detention

Application: The court emphasized that preventive detention without a prior adjudication of guilt violates substantive due process.

Reasoning: Total deprivation of liberty cannot be justified solely on the basis of rational regulation for a substantial government interest, according to the Due Process Clause.

Pretrial Detention under Bail Reform Act of 1984

Application: The court found that pretrial detention based on the likelihood of committing further crimes violates the Due Process Clause.

Reasoning: The appellate court finds no merit in the statutory arguments but rules that the provision permitting their pretrial detention violates the Due Process Clause of the U.S. Constitution.

Statutory Requirements for Electronic Surveillance Evidence

Application: The court determined that the requirement under 18 U.S.C. Sec. 2518(9) for disclosure of surveillance information applies to detention hearings.

Reasoning: The court interprets the language of Sec. 2518(9) as inclusive of all hearings, including detention hearings, consistent with legislative history indicating that 'proceeding' encompasses adversarial hearings.