United States v. Salvatore Benanti

MEDINA, Circuit Judge.

Salvatore Benanti appeals from a judgment of conviction of illegal possession and transportation of distilled spirits without tax stamps affixed thereto, in violation of 26 U.S.C. §§ 5008(b) (1), 5642. The case is important and we think of first impression, as we are called upon to formulate a rule to govern the admissibility in a federal court of evidence obtained by state officers in violation of Section 605 of the Federal Communications Act, 47 U.S.C.A. § 605, which prohibits any person “not being authorized by the sender” from divulging a communication intercepted by…