United States v. Schilleci
545 F.2d 519
In the United States Court of Appeals for the Fifth Circuit
Case Number 75-4632
Before Circuit Judge Ainsworth, Circuit Judge Roney, and District Judge Allgood
Decided on January 17, 1977

Relevancy of the Case: Appeal against the conviction of a police chief for violating the federal wiretapping statute

Statutes and Provisions Involved

• The Omnibus Crime Control and Safe Streets Act, 18 U.S.C. §§ 2511

Relevant Facts of the Case

• The defendant, while working as Sidell’s police chief, received electronic equipment through a grant.
• In one instance, Sidell Police was attempting to apprehend a drug operator. After failing their attempt, they decided to tap the telephone at the said location.
• However, the defendant claimed he was only present and did not assent to the tapping. In another instance, he was accused of bugging. He stated that he did not have knowledge of this, and this incident did not have his approval.
• Before the grand jury, he testified that he had no knowledge of wiretapping or bugging.
• The court indicted the defendant for wiretapping and perjury before the grand jury concerning his lack of knowledge of the incidents. The defendant has appealed his conviction in this present case.

Prominent Arguments by the Counsels

• The defendant’s counsel contended that the trial judge erred in failing to sever the perjury counts from the substantive counts. His testimony before the grand jury is consistent with his plea of not guilty.

Opinion of the Bench

• Ignorance of the law is not an excuse for the commission of a crime. However, the peculiar situation of this case required the court to clarify the exact relationship between the defendant’s ignorance and his defence. His lack of knowledge was circumstantial evidence tending to negate his active participation in wiretapping.
• The conviction on the perjury count essentially depends on the outcome of other counts.

Final Decision

• The court reversed the defendant’s conviction and remanded the case for further proceedings.

Srikari Ammanamanchi, an undergraduate student at the NALSAR University of Law, prepared this case summary during her internship with The Cyber Blog India in May/June 2022.