Legal Opinion
In re Application for an Order Permitting the Interception of Telephone Communications
New York Court of General Session of the Peace
Decided March 7, 1960PublishedCited by 9 opinions
1Opinion of the CourtIrwin D. Davidson, J.
Application has been made for an order pursuant to section 813-a of the Code of Criminal Procedure to authorize the tap of a telephone wire. In the light of the decision of the United States Court of Appeals in the case of Pugach v. Dollinger, decided February 11, 1960, this court has re-examined the propriety of signing ex parte wiretap orders. It deems itself constrained to deny the application.
The United States Supreme Court in United States v. Benanti (355 U. S. 96 [Dec. 9, 1957]) held that the New York State constitutional and legislative authorization to tap wires pursuant to section…
2Cases cited6 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Pennsylvania v. NelsonSupreme Court of the United States · 1956
- Benanti v. United StatesSupreme Court of the United States · 1957
- In re Interception of Telephone CommunicationsNew York Supreme Court · 1958
- Pugach v. DollingerCourt of Appeals for the Second Circuit · 1960
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lee v. FloridaSupreme Court of the United States · 1968
- Pugach v. DollingerSupreme Court of the United States · 1961
- Overstock Book Company v. BarryDistrict Court, E.D. New York · 1969
- People v. RussoNew York Court of General Session of the Peace · 1960
- Burton N. Pugach v. Honorable Isidore Dollinger, District Attorney of Bronx County, and Honorable Stephen P. Kennedy, Police Commissioner of the City of New York, John O'rourke, Joseph De Grandis, Frank De Forte, Ernest Zundel, Herbert Jacob, Eugene Jacob, Lawrence Gallo, Joseph Gallo, Norman J. Clark, Jr., Charles De Forte, Anthony Pafumi, Also Known as Angelo Pafumi, Kenneth Ciazza, Pasquale Catroppa, Phillip Losquadro and Vincent Losquadro v. Manuel W. Levine, Individually, and as District Attorney of Nassau County, State of New York, and John M. Beckmann, Individually, and as Commissioner of Police of Nassau County, State of New YorkCourt of Appeals for the Second Circuit · 1960
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