Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Evidence - Admissibility In Federal Courts Of Record Of Telephone Conversation-Meaning Of "Interception", Robert C. Fox S.Ed.
Evidence - Admissibility In Federal Courts Of Record Of Telephone Conversation-Meaning Of "Interception", Robert C. Fox S.Ed.
Michigan Law Review
In a prosecution for perjury committed before a subcommittee of Congress, defendant filed a motion to suppress the record of a telephone conversation which had been made by the other party to the conversation without defendant's knowledge or consent.
Held , motion granted. To record a telephone conversation in this manner is to intercept it within the meaning of section 605 of the Communications Act; under the Supreme Court's ruling in Nardone v. United States, divulgence in court of a conversation so intercepted would be a violation of the Communications Act. United States v. Stephenson, (D.C. D.C. 1954) …
Evidence - Federal Communications Act - Admissibility Of Evidence Which Became Accessible By Wire-Tapping, Edmond F. Devine
Evidence - Federal Communications Act - Admissibility Of Evidence Which Became Accessible By Wire-Tapping, Edmond F. Devine
Michigan Law Review
Petitioners were convicted under a federal indictment for frauds on the revenue. The United States Supreme Court reversed the conviction on the ground it was obtained by use of evidence secured in violation of section 605 of the Communications Act of 1934 by wire-tapping. A new trial resulted in conviction and eventually the Supreme Court granted a writ of certiorari to consider the question whether evidence indirectly obtained by that wire-tapping could be admitted despite the first holding. Held, such evidence is inadmissible on the basis that to rule otherwise would largely nullify the doctrine previously laid down. Nardone …