In the Matter of James N. Chalmas, Also Known as Ted Sharliss, Witness Before Special Grand Jury. United States of America v. James N. Chalmas

Chaimas was called before a special United States grand jury to testify regarding possible violations of federal gambling laws ( 18 U.S.C. § 1955 ). He refused to testify on Fifth Amendment grounds. After being granted transactional immunity ( 18 U.S.C. § 2514 ), Chaimas was again called before the grand jury, and after answering a number of questions refused to testify further, claiming that the questions were derived from illegal wiretapping of his telephone conversations. The Government requested the district court to find Chaimas in civil contempt and commit him to custody under the provisions of 28 U.S.C. § 1826 . Although conceding that there had been electronic surveillance of Chaimas, the Government claimed that such surveillance had been pursuant to lawful court order under Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. § 2518 .

In defense to the contempt proceeding, Chaimas filed a motion to suppress based on the Fourth Amendment and sections 2515, 2518(10) (a), and 3504 of title 18 of the United States Code. He argued that (1) the wiretap provisions of the Omnibus Crime Control Act, 18 U.S.C. § 2518 , were unconstitutional; and (2) even…