1. Home
  2. Browse Decisions
  3. F.2d
  4. 544 F.2d
  5. 544 F.2d 17 (1976)
 

VITELLO v. GAUGHAN

No. 76-1207.

544 F.2d 17 (1976)

Francis A. VITELLO, Petitioner, Appellee, v. Charles GAUGHAN, etc., Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided November 8, 1976.

Attorney(s) appearing for the Case

Barbara A. H. Smith, Asst. Atty. Gen., Crim. Div., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen. and John J. Irwin, Jr., Asst. Atty. Gen., Chief, Crim. Bureau, Boston, Mass., were on brief, for appellant.

Thomas J. Carey, Jr., Brookline, Mass., on brief for Massachusetts Dist. Attys. Ass'n, amicus curiae.

Francis J. DiMento, Boston, Mass., with whom James J. Sullivan, Jr., Philip T. Tierney and DiMento & Sullivan, Boston, Mass., were on brief, for appellee.

Before COFFIN, Chief Judge, and ALDRICH and CAMPBELL, Circuit Judges.

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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases