New York Court of Appeals
The People of the State of New York v. Joseph E. Basilicato, Appellant the People of the State of New York v. Joseph…
December 20, 198464 N.Y.2d 103
Summary
The New York Court of Appeals reversed the Appellate Division, granted the defendants' motions to suppress, and dismissed the indictments. The Court held that a wiretap warrant authorizing interception of telephone communications does not permit the bugging of non‑telephonic, face‑to‑face conversations overheard when the receiver is off the hook. It also found the statutory sealing requirement was violated and the People failed to show good cause for the delayed service of the warrant copy within the required fifteen‑day period.