In Re Grand Jury Proceedings. United States of Am. v. Jonathan Garrett, Witness-Appellant, 773 F.2d 1071 (9th Cir. 1985). · Go Syfert
In Re Grand Jury Proceedings. United States of Am. v. Jonathan Garrett, Witness-Appellant, 773 F.2d 1071 (9th Cir. 1985). Cases Citing This Book View Copy Cite
29 citation events (26 in the last 25 years) across 2 distinct courts.
Strongest positive: In Re Grand Jury Investigation, 2003r01576. John Doe, Witness-Appellant v. United States (ca9, 2006-02-08)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) In Re Grand Jury Investigation, 2003r01576. John Doe, Witness-Appellant v. United States (3×) also: Cited as authority (rule), Cited "see"
9th Cir. · 2006 · quote attribution · 1 verbatim quote · confidence high
a grand jury witness may refuse to answer questions based on the illegal interception of his communication.
examined Cited as authority (verbatim quote) In Re: Grand Jury Investigation Doe v. United States (3×) also: Cited as authority (rule), Cited "see"
9th Cir. · 2006 · quote attribution · 1 verbatim quote · confidence high
a grand jury witness may refuse to answer questions based on the illegal interception of his communica- tion.
examined Cited as authority (verbatim quote) In Re Grand Jury Investigation, 2003r01576. John Doe, Witness-Appellant v. United States (3×) also: Cited as authority (rule), Cited "see"
9th Cir. · 2005 · quote attribution · 1 verbatim quote · confidence high
a grand jury witness may refuse to answer questions based on the illegal interception of his communication.
discussed Cited as authority (verbatim quote) Doe v. United States (2×) also: Cited as authority (rule)
9th Cir. · 2005 · quote attribution · 1 verbatim quote · confidence high
a grand jury witness may refuse to answer questions based on the illegal interception of his communication.
examined Cited as authority (rule) AKAN v. SUMMERS (3×)
W.D. Pa. · 2019 · confidence medium
“The party seeking to seal any part of a judicial record bears the heavy burden of showing that ‘the material is the kind of information that courts will protect’ and that ‘disclosure will work a clearly defined and serious injury….’” Miller v. Indiana Hospital, 16 F.3d 549, 551 (3d Cir. 1994) (quoting Publicker, 773 F.2d at 1071).
discussed Cited as authority (rule) In Re Grand Jury 11-84. Everett E. Worthington, Witness-Appellant v. United States (2×)
9th Cir. · 1986 · confidence medium
Once the witness makes a preliminary showing that he or she was the victim of illegal electronic surveillance, see United States v. Alter, 482 F.2d 1016, 1026 (9th Cir.1973) (outlining criteria by which to judge a witness's claim), "the government must unequivocally affirm or deny the use of such surveillance." In re Grand Jury Proceedings (Garrett), 773 F.2d 1071, 1072 (9th Cir.1985).
cited Cited "see" In Re Grand Jury Proceedings. Alfredo Carlos Garcia-Rosell, Witness-Appellant v. United States
9th Cir. · 1989 · signal: see · confidence high
See In re Grand Jury Proceedings (Garrett), 773 F.2d 1071, 1072 (9th Cir.1985); See, 505 F.2d at 856 .
Retrieving the full opinion text from the archive…
In Re GRAND JURY PROCEEDINGS. UNITED STATES of America, Petitioner-Appellee,
v.
Jonathan GARRETT, Witness-Appellant
85-6165.
Court of Appeals for the Ninth Circuit.
Oct 11, 1985.
773 F.2d 1071
Philip A. DeMassa, San Diego, Cal., for appellant., Patrick K. O’Toole, Asst.U.S.Atty., on the brief, Peter K. Nunez, U.S.Atty., San Diego, Cal., for appellee.
Wright, Goodwin, Alarcon.
Cited by 7 opinions  |  Published
PER CURIAM:

Jonathan Garrett appeals the district court’s judgment holding him in civil contempt for refusing to testify before the grand jury. He argues that he has demonstrated just cause for his refusal to testify based on his claim that he has been subjected to illegal electronic surveillance.

A grand jury witness may refuse to answer questions based on the illegal interception of his communication. 18 U.S.C. § 3504; Gelbard v. United States, 408 U.S. 41, 52, 92 S.Ct. 2357, 2363, 33 L.Ed.2d 179 (1972). If the witness makes a preliminary showing that he was a victim of illegal electronic surveillance, the government must unequivocally affirm or deny the use of such surveillance. United States v. Gardner, 611 F.2d 770, 774 (9th Cir.1980); United States v. Alter, 482 F.2d 1016, 1026-27 (9th Cir.1973). The witness’ claim must be sufficiently concrete and specific before the government is required to make a like response, however. United States v. See, 505 F.2d 845, 856 (9th Cir.1974), ce rt. denied, 420 U.S. 992, 95 S.Ct. 1428, 43 L.Ed.2d 673 (1975). If the witness makes only a general or unsupported claim, the government need not make a particularized response. Id. Thus, the specificity of the government’s response, and the comprehensiveness of the search upon which the response is based, must be measured against the specificity and support of the witness’ allegations to determine whether the government has sufficiently responded to the claim. Gardner, 611 F.2d at 774; See, 505 F.2d at 856. Accord, United States v. Vielguth, 502 F.2d 1257, 1260 (9th Cir.1974) (per curiam).

Garrett’s claim of illegal electronic surveillance is supported only by his own affidavit. He states that he has had difficulty with telephones over the past nine years, such as hearing clicks or humming noises during conversations. He also states that voices have sounded faint and hollow as if coming from a distance, and that at times it has sounded as if two persons were on the line. He believes that his attorneys’ and his mother’s telephones have been subjected to illegal electronic surveillance. Garrett has not provided affidavits from any[*1073] other persons to corroborate his allegations.

The government responded with four affidavits from government agents working on the case under investigation. The agents stated that electronic surveillance has not been used in the investigation to gather evidence for use against any of the suspected coconspirators.

The government’s response is sufficient in light of the specificity and support of Garrett’s claim. See, e.g., Gardner, 611 F.2d at 774; See, 505 F.2d at 856. Garrett has not demonstrated just cause for his refusal to testify before the grand jury.

Affirmed.