|
|
Gelbard v. United States, 408 U.S. 41 (1972)
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.
Gelbard v. United States, 408 U.S. 41 (1972)
Gelbard v. United States No. 71-110 Argued March 27, 1972 Decided June 26, 1972 * 408 U.S. 41
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
Where a grand jury witness is adjudicated in civil contempt under 28 U.S.C. § 1826(a) for refusing "without just cause shown to comply with an order of the court to testify," the witness may invoke as a defense 18 U.S.C. § 2515, which directs that
[w]henever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any . . . proceeding in or before any . . . grand jury . . . ,
since a showing that the interrogation would be based upon the illegal interception of the witness’ communications would constitute the "just cause" that precludes a finding of contempt. Pp. 46-61.
No. 71-110, 443 F.2d 837, reversed and remanded; No. 71-263, 450 F.2d 199 and 450 F.2d 231, affirmed.
BRENNAN, J., delivered the opinion of the Court, in which DOUGLAS, STEWART, WHITE, and MARSHALL, JJ., joined. DOUGLAS, J., post, p. 62, and WHITE, J., post, p. 69, filed concurring opinions. REHNQUIST, J., filed a dissenting opinion, in which BURGER, C.J., and BLACKMUN and POWELL, JJ., joined, post, p. 71.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Gelbard v. United States, 408 U.S. 41 (1972) in 408 U.S. 41 408 U.S. 42. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=LKGZ3GH8MBSED3N.
MLA: U.S. Supreme Court. "Syllabus." Gelbard v. United States, 408 U.S. 41 (1972), in 408 U.S. 41, page 408 U.S. 42. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=LKGZ3GH8MBSED3N.
Harvard: U.S. Supreme Court, 'Syllabus' in Gelbard v. United States, 408 U.S. 41 (1972). cited in 1972, 408 U.S. 41, pp.408 U.S. 42. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=LKGZ3GH8MBSED3N.
|