U.S. Supreme Court
Benanti v. United States, 355 U.S. 96 (1957)
Benanti v. United States
Argued October 29, 1957
Decided December 9, 1957
355 U.S. 96
Evidence obtained as a result of wiretapping a telephone by state law enforcement officers pursuant to a state court warrant authorized by state law, and without participation by federal authorities, is not admissible in a criminal trial in a federal court where the existence of the intercepted communication is disclosed to the jury in violation of § 605 of the Federal Communications Act. Pp. 355 U. S. 97-106.
1. Evidence obtained by means forbidden by § 605, whether by state or federal agents, is inadmissible in a federal court. Pp. 355 U. S. 99-103.
(b) In this case, § 605 was violated, if not earlier, at least upon disclosure to the jury of the existence of the intercepted communication. Pp. 355 U. S. 100-101.
2. A different result is not required by the fact that, in this case, the wiretap was placed by state agents acting in accordance with state law. Pp. 355 U. S. 103-106.
(a) In setting out the prohibition of § 605 in plain terms, Congress did not intend to allow state legislation which would contradict that section and the public policy underlying it. Pp. 355 U. S. 104-106.
244 F.2d 389, reversed. chanroblesvirtualawlibrary