Legal Opinion
Francis A. Vitello v. Charles Gaughan, Etc.
Court of Appeals for the First Circuit
Decided November 8, 1976No. 76-1207PublishedCited by 7 opinions
1Opinion of the Court
ALDRICH, Senior Circuit Judge.
Petitioner for habeas corpus finds himself in state prison as a result of evidence acquired by a wiretap authorized by a warrant which failed to contain the 30-day limit required by the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. § 2518(5). The application for the warrant contained the limitation, but, by secretarial negligence, none was included in the warrant itself. In point of fact, the evidence was acquired in 12 days. On appeal, the Massachusetts court sustained the conviction, Commonwealth v. Vitello, Mass. Adv.Sh. (1975) 769, 327 N.E.2d…
2Cases cited11 opinions
- Stone v. PowellSupreme Court of the United States · 1976
- Hill v. United StatesSupreme Court of the United States · 1962
- Davis v. United StatesSupreme Court of the United States · 1974
- Commonwealth v. VitelloMassachusetts Supreme Judicial Court · 1975
- United States v. Peter Reuben OrtizCourt of Appeals for the Tenth Circuit · 1971
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Michael K. Dupont v. Frank A. HallCourt of Appeals for the First Circuit · 1977
- Thomas M. Fasano v. Frank HallCourt of Appeals for the First Circuit · 1980
- Kenneth H. Adams, Walter L. Evans, William v. Evans, R.K. Sellers v. Richard B. LankfordCourt of Appeals for the Eleventh Circuit · 1986
- David A. Guaraldi v. Michael Cunningham, Warden, New Hampshire State PrisonCourt of Appeals for the First Circuit · 1987
- Cruz v. AlexanderDistrict Court, S.D. New York · 1979
2 more not listed; retrieve them via the Exa API.