On October 7, 1953, Jean Mill and her first husband Robert Sugden were both indicted for conspiracy to violate the immigration laws. The main government evidence was obtained by listening to the Sugdens' shortwave radio communications. The U.S. Government alleged that the Sugdens used shortwave radio broadcasts to warn their foremen to hide their illegal-alien workers. The Federal Communications Commission suspended the Sugdens' Radio Telephone Operating permit. Robert Sugden alone was indicted for concealing and shielding illegal entrants into the United States from detection. The charges revolved around allegations of employing Mexican nationals...It is alleged that the Sugdens took various steps to hide the illegal entrants and avoid being caught with them in their employ." Judge Ling dismissed the charges in the spring of 1954 because the case Judge determined that short wave radio evidence was not obtained legally. The Government then appealed the dismissal of evidence to the United States Court of Appeals for the Ninth Circuit since they had merely monitored short wave radio broadcasts of the Sugdens (not wiretapped). In 1955 the United States was able to win their appeal to get the short wave radio evidence admitted in the case against the Sugdens. The 9th Circuit Court of Appeals ruled that because the Sugdens were not licensed to operate the short wave radio at the time of the broadcasts; the FCC may make full disclosure to the Immigration service.
