Punch and Jurists

U.S. v. Concepcion, No. 08-3785-cr (2nd Cir.) (579 F.3d 214) (August 31, 2009) (Judge Joseph M. McLaughlin) by In a drug and firearm prosecution, the District Court's order suppressing evidence obtained through a wiretap is reversed, where the government’s affidavit in support of its application for the wiretap set forth …

Scott v. U.S., No. 76-6767 (U.S. Supreme Court) (436 U.S. 128; 98 S.Ct. 1717) (May 15, 1978) (Justice Rehnquist) by Although the majority approved the wiretaps in question, Justice Brennan, in his dissent, commented: "The "minimization provision" of 2518 (5) provides, inter alia, that every order authorizing interception of wire …

U.S. v. Gotti, No. 98 CR 42 (BDP) (S.D.N.Y.) (42 F.Supp.2d 252) (March 16, 1999) (Judge Barrington D. Jr. Parker) by Among other rulings, the Court stated: "When Government agents intercept communications pursuant to Title III, "[t]he statute does not forbid the interception of all nonrelevant conversations, but rather instructs …

U.S. v. Gangi, No. 97 CR 1215(DC) (S.D.N.Y.) (33 F.Supp.2d 303) (January 14, 1999) (Judge Denny Chin) by Among other things, the Court suppressed the wiretap evidence obtained on the 31st day, holding that "thirty days" means thirty calendar days, not thirty 24-hour periods that may span over thirty-one calendar …

U.S. v. Gruber, No. CR94-2022-MJM (N.D.Iowa) (994 F.Supp. 1026) (February 3, 1998) (Judge Mark W. Bennett) by Case is noted for one of Judge Bennett's typically detailed analyses, this time on the correct standards for wiretap evidence - from probable cause, to the necessity requirements, to the Government's obligations to …

U.S. v. King, No. 96 CR 839(NG) (E.D.N.Y.) (991 F.Supp. 77) (January 7, 1998) (Judge Nina Gershon) by Case rejected a broad range of challenges to wiretap evidence and held that defendants were not entitled to a Franks hearing on alleged misrepresentations and omissions in the application papers.

U.S. v. Padilla-Pena, No. 97-1297 (8th Cir.) (129 F.3d 457) (November 6, 1997) (Judge John R. Gibson) by United States v. Wardlaw, 977 F.Supp. 1481 (N.D.Ga. 1997) (Judge Shoob) Both of these cases deal with various aspects of the Federal wire-tap laws. In Padilla-Pena the defendants claimed that the Government …

U.S. v. Killingsworth, No. 96-6021 (10th Cir.) (117 F.3d 1159) (June 30, 1997) (Judge David M. Ebel) by Case rejected claims that the Government had failed to meet the necessity and minizimations requirements of its application for a wiretap order and its procedures after the wiretap was in place.