Gelbard v. United States

E331165

Gelbard v. United States is a 1972 U.S. Supreme Court case that addressed whether grand jury witnesses could refuse to answer questions based on the government's alleged illegal use of wiretap evidence.

All labels observed (2)

How this entity was disambiguated

Statements (49)

Predicate Object
instanceOf United States Supreme Court case
criminal procedure case
federal courts case
areaOfLaw constitutional law
criminal law
criminal procedure
evidence law
argued 1972
bindingAuthorityIn all federal courts
all state courts on questions of federal law
citation 408 U.S. 41
citationStyle Gelbard v. United States self-linksurface differs
surface form: Gelbard v. United States, 408 U.S. 41 (1972)
concurringOpinionBy Lewis F. Powell Jr.
country United States of America
surface form: United States
court Supreme Court of the United States
courtType court of last resort
decidedIn October Term 1971
decisionDate 1972
dissentingOpinionBy Harry A. Blackmun
Warren E. Burger
William H. Rehnquist
holding grand jury witnesses may invoke 18 U.S.C. § 2515 to refuse to answer questions based on unlawfully intercepted communications
witnesses cannot be held in contempt for refusing to answer questions derived from illegal wiretaps covered by § 2515
jurisdiction federal
language English
legalIssue grand jury procedure
interpretation of 18 U.S.C. § 2515
scope of witness privilege before a grand jury
use of illegally obtained evidence
wiretapping and electronic surveillance
legalProvisionInterpreted 18 U.S.C. § 2515
Title III of the Omnibus Crime Control and Safe Streets Act of 1968
majorityOpinionBy William J. Brennan Jr.
opinionType majority opinion
page 41
petitioner Gelbard
proceduralPosture appeal from contempt citations for refusal to answer grand jury questions
questionPresented whether grand jury witnesses may refuse to answer questions on the ground that they are based on illegal wiretaps barred by § 2515
relatedCase Kastigar v. United States
relatedConcept exclusionary rule
statutory suppression of evidence
relatedTo Fourth Amendment to the United States Constitution
contempt of court
grand jury investigations
reporter United States Reports
respondent United States of America
surface form: United States
result convictions for contempt of court were reversed
subjectMatter government use of wiretap evidence before a grand jury
volume 408

How these facts were elicited

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Gelbard v. United States citationStyle Gelbard v. United States self-linksurface differs
this entity surface form: Gelbard v. United States, 408 U.S. 41 (1972)