Legal Opinion
In re Interception of Telephone Communications
New York Supreme Court
Decided January 2, 1958PublishedCited by 17 opinions
1Opinion of the CourtSamuel H. Hofstadter, J.
Under the decision of the United States Supreme Court in United States v. Benanti (355 U. S. 96), decided December 9, 1957, no wiretap order pursuant to *122section 813-a of the Code of Criminal Procedure1 may lawfully be issued.
As we have no system of advisory opinions in this State and, according to our practice, applications for wiretaps are made at Special Term, Part II, this memorandum will apprise enforcement and prosecuting officers that while I preside at Special Term, Part II during this month, no application for a wiretap order mil be honored.
Under the decision in Benanti, orders…
2Cases cited16 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Nardone v. United StatesSupreme Court of the United States · 1939
- Bailey v. Central Vermont Railway, Inc.Supreme Court of the United States · 1943
- Nardone v. United StatesSupreme Court of the United States · 1937
- Pennsylvania v. NelsonSupreme Court of the United States · 1956
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Lee v. FloridaSupreme Court of the United States · 1968
- Pugach v. DollingerSupreme Court of the United States · 1961
- Pugach v. SullivanDistrict Court, S.D. New York · 1960
- In re Application for an Order Permitting the Interception of Telephone CommunicationsNew York Court of General Session of the Peace · 1960
- People v. RussoNew York Court of General Session of the Peace · 1960
12 more not listed; retrieve them via the Exa API.