The words "or are found to be" are added to the second sentence to make clear that an alternate juror may be called in the situation where it is first discovered during the trial that a juror was unable or disqualified to perform his duties at the time he was sworn.

The test, as the petitioner's argument suggests, is whether Mrs. Coolidge, in light of all the circumstances of the case, must be regarded as having acted as an "instrument" or agent of the state when she produced her husband's belongings.

—and documents stolen by two corporate employees were admissible despite the objection of the corporation president

Recent decisions in accord with Burdeau argue that Mapp and Elkins have no influence on private seizures, as the Court there dealt with official invasions of privacy

"It is hornbook law that a person is not secured by the Fourth Amendment against unreasonable searches and seizures conducted by private parties, unless those parties are operating in the service of some governmental investigation."

A majority of circuits (Eleventh, Sixth, and Third) now require the government in a criminal tax evasion case to prove only that the taxpayer had “actual command” over the diverted corporate funds; whether corporate earnings and profits existed in the year the defendant diverted the funds is wholly irrelevant

—documents and records of a corporation of which the taxpayer was president were taken without his knowledge by former employees, but were nevertheless held to be admissible.

Although Capra could have been decided under the rule that does not apply the amendment to searches conducted by private citizens

In light of the number of opinions in that case, though, the Court can hardly be said to be in agreement on this point.

L. REv. 608, 610 n. 16 (1967); 12 UCLAL REv. 232, 234-35 (1964); 48 CORNELL LQ 345, 347 n. 13 (1963). But

[CITATION] TITLE 18-CRIMES AND CRIMINAL PROCEDURE-MISC1-THIS TITLE WAS ENACTED BY ACT …

[CITATION] Wharton's Criminal evidence

[CITATION] Moore's Federal Rules Pamphlet