|
|
Benanti v. United States, 355 U.S. 96 (1957)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Benanti v. United States, 355 U.S. 96 (1957)
Benanti v. United States No. 231 Argued October 29, 1957 Decided December 9, 1957 355 U.S. 96
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
Evidence obtained as a result of wiretapping a telephone by state law enforcement officers pursuant to a state court warrant authorized by state law, and without participation by federal authorities, is not admissible in a criminal trial in a federal court where the existence of the intercepted communication is disclosed to the jury in violation of § 605 of the Federal Communications Act. Pp. 97-106.
1. Evidence obtained by means forbidden by § 605, whether by state or federal agents, is inadmissible in a federal court. Pp. 99-103.
(a) Nardone v. United States, 302 U.S. 379, and 308 U.S. 338, followed; Schwartz v. Texas, 344 U.S. 199, distinguished. Pp. 99-103.
(b) In this case, § 605 was violated, if not earlier, at least upon disclosure to the jury of the existence of the intercepted communication. Pp. 100-101.
2. A different result is not required by the fact that, in this case, the wiretap was placed by state agents acting in accordance with state law. Pp. 103-106.
(a) In setting out the prohibition of § 605 in plain terms, Congress did not intend to allow state legislation which would contradict that section and the public policy underlying it. Pp. 104-106.
244 F.2d 389, reversed.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Benanti v. United States, 355 U.S. 96 (1957) in 355 U.S. 96 355 U.S. 97. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=7K25S4W6PHI95A2.
MLA: U.S. Supreme Court. "Syllabus." Benanti v. United States, 355 U.S. 96 (1957), in 355 U.S. 96, page 355 U.S. 97. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=7K25S4W6PHI95A2.
Harvard: U.S. Supreme Court, 'Syllabus' in Benanti v. United States, 355 U.S. 96 (1957). cited in 1957, 355 U.S. 96, pp.355 U.S. 97. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=7K25S4W6PHI95A2.
|