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U.S. v. Kahn, No. 72-1328 (U.S. Supreme Court) (415 U.S. 143; 94 S.Ct. 977) (February 20, 1974) (Justice Stewart)

Article • March 27, 2019

Filed under: Punch And Jurists, Necessity

U.S. v. Kahn, No. 72-1328 (U.S. Supreme Court) (415 U.S. 143; 94 S.Ct. 977) (February 20, 1974) (Justice Stewart) by The Court explained that the purpose of the necessity requirement is to ensure that the relatively intrusive device of wiretapping "is not resorted to in situations where traditional invstigative techniques …

U.S. v. White, No. 07-1180-cr (2nd Cir.) (552 F.3d 240) (January 9, 2009) (Judge Debra Ann Livingston)

Article • February 1, 2009 • from P&J February, 2009

Filed under: Punch And Jurists, Necessity

U.S. v. White, No. 07-1180-cr (2nd Cir.) (552 F.3d 240) (January 9, 2009) (Judge Debra Ann Livingston) by A conviction and sentence for being a felon in possession of a firearm is affirmed over claims that: 1) the district court erred in declining to give a jury instruction on the …

U.S. v. Gonzalez, Inc., No. 04-10041 (9th Cir.) (412 F.3d 1102) (June 22, 2005) (Judge Dorothy Wright Nelson)

Article • June 1, 2005 • from P&J June, 2005

Filed under: Punch And Jurists, Necessity

U.S. v. Gonzalez, Inc., No. 04-10041 (9th Cir.) (412 F.3d 1102) (June 22, 2005) (Judge Dorothy Wright Nelson) by This decision is a throwback to an era when the courts actually policed the Government’s use of wiretaps and held the Government to rigid - rather than ritualistic - standards of …

In Re: Application of the U.S. for a Roving Interception Order, No. 02-15635 (9th Cir.) (349 F.3d 1132) (November 19, 2003) (Judge Marsha L. Berzon)

Article • October 1, 2003 • from P&J September, 2010

Filed under: Punch And Jurists, Wiretap Applications

In Re: Application of the U.S. for a Roving Interception Order, No. 02-15635 (9th Cir.) (349 F.3d 1132) (November 19, 2003) (Judge Marsha L. Berzon) by Lately, there seems to be no limit to the powers that the F.B.I. wants - or abuses. This past week, the House Committee on …

U.S. v. Lopez, No. 01-1390 (1st Cir.) (300 F.3d 46) (August 20, 2002) (Judge Juan R. Torruella)

Article • August 1, 2002 • from P&J August, 2002

Filed under: Punch And Jurists, Necessity

U.S. v. Lopez, No. 01-1390 (1st Cir.) (300 F.3d 46) (August 20, 2002) (Judge Juan R. Torruella) by Here the Court held that the Government must disclose, as part of its wiretap application, whether it intends to use civilian monitors to assist in the interception of the wiretaps; and it …

U.S. v. Blackmon, No. 99-50534 (9th Cir.) (273 F.3d 1204) (December 12, 2001) (Judge Betty Binns Fletcher)

Article • January 1, 2002 • from P&J January, 2002

Filed under: Punch And Jurists, Necessity

U.S. v. Blackmon, No. 99-50534 (9th Cir.) (273 F.3d 1204) (December 12, 2001) (Judge Betty Binns Fletcher) by This case is noted as a rare example of an appellate court ruling that a conviction should be reversed because the Government had failed to comply with some of the statutory requirements …

U.S. v. Mitchell, No. 00-1366 (10th Cir.) (274 F.3d 1307) (October 23, 2001) (Judge Robert H. McWilliams)

Article • January 1, 2002 • from P&J January, 2002

Filed under: Punch And Jurists, Necessity

U.S. v. Mitchell, No. 00-1366 (10th Cir.) (274 F.3d 1307) (October 23, 2001) (Judge Robert H. McWilliams) by In this case, three defendants were charged with various drug crimes based in large part on evidence obtained from wiretaps obtained by the Government that were supported by a 74-page affidavit of …

U.S. v. VanMeter, No. 00-6456 (10th Cir.) (278 F.3d 1156) (January 29, 2002) (Judge Wade Brorby)

Article • February 1, 2001 • from P&J February, 2002

Filed under: Punch And Jurists, Necessity

U.S. v. VanMeter, No. 00-6456 (10th Cir.) (278 F.3d 1156) (January 29, 2002) (Judge Wade Brorby) by This case is noted for its detailed and informative review of the seven different standards of review that the various Circuits use when determining whether the Government has met the “necessity” requirement contained …

U.S. v. Giordano, No. 72-1057 (U.S. Supreme Court) (416 U.S. 505; 94 S.Ct. 1820) (May 13, 1974) (Justice White)

Article • October 16, 1999

Filed under: Punch And Jurists, Necessity

U.S. v. Giordano, No. 72-1057 (U.S. Supreme Court) (416 U.S. 505; 94 S.Ct. 1820) (May 13, 1974) (Justice White) by The Court explained that the purpose of the necessity requirement is to ensure that surrepitious interception of communications is undertaken with restraint and not "routinely employed as the initial step …

Scott v. U.S., No. 76-6767 (U.S. Supreme Court) (436 U.S. 128; 98 S.Ct. 1717) (May 15, 1978) (Justice Rehnquist)

Article • July 14, 1999

Filed under: Punch And Jurists, Minimization of Scope of Wiretaps

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)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Minimization of Scope of Wiretaps

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 …

In Re U.S., No. Civ.A. 99-10015-MBD (D.Mass.) (36 F.Supp.2d 430) (February 9, 1999) (Judge William G. Young)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Wiretap Applications

In Re U.S., No. Civ.A. 99-10015-MBD (D.Mass.) (36 F.Supp.2d 430) (February 9, 1999) (Judge William G. Young) by Here the Court granted a broad, in camera application of the Government to compel a cable company to release information about its subscribers, which the Court said raised "ephermal puzzles" that it …

U.S. v. Gangi, No. 97 CR 1215(DC) (S.D.N.Y.) (33 F.Supp.2d 303) (January 14, 1999) (Judge Denny Chin)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Minimization of Scope of Wiretaps

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. O'Neill, No. 97-CR-98 (E.D.Wisc.) (27 F.Supp.2d 1121) (October 19, 1998) (Judge Joseph P. Stadtmueller)

Article • January 1, 1999 • from P&J January, 1999

Filed under: Punch And Jurists, Necessity

U.S. v. O'Neill, No. 97-CR-98 (E.D.Wisc.) (27 F.Supp.2d 1121) (October 19, 1998) (Judge Joseph P. Stadtmueller) by Here the court rejected the defendant's arguments that the Government had failed to prove the necessity for the wiretaps, largely concluding that the defendant's objections were nothing more than general statements and blanket …

Application for Interception of Wire Comm., No. 98-10074-WGY (D.Mass.) (2 F.Supp.2d 177) (April 30, 1998) (Judge William G. Young)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Necessity

Application for Interception of Wire Comm., No. 98-10074-WGY (D.Mass.) (2 F.Supp.2d 177) (April 30, 1998) (Judge William G. Young) by Abuse of Power # 1. The law states that when the Government makes an application for an order authorizing a wire-tap it must submit "a full and complete statement as …

U.S. v. Barrios, No. 97-CR-173-B (D.Colo.) (994 F.Supp. 1257) (February 18, 1998) (Judge Lewis T. Babcock)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Necessity

U.S. v. Barrios, No. 97-CR-173-B (D.Colo.) (994 F.Supp. 1257) (February 18, 1998) (Judge Lewis T. Babcock) by

U.S. v. Gruber, No. CR94-2022-MJM (N.D.Iowa) (994 F.Supp. 1026) (February 3, 1998) (Judge Mark W. Bennett)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Minimization of Scope of Wiretaps

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. Gruber, No. CR94-2022-MJM (N.D.Iowa) (994 F.Supp. 1026) (February 3, 1998) (Judge Mark W. Bennett)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Necessity

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)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Minimization of Scope of Wiretaps

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. Salemme, No. 94-10287-MLW (D.Mass.) (978 F.Supp. 364) (June 6, 1997) (Judge Mark L. Wolf)

Article • December 1, 1997 • from P&J September, 1999

Filed under: Punch And Jurists, Necessity

U.S. v. Salemme, No. 94-10287-MLW (D.Mass.) (978 F.Supp. 364) (June 6, 1997) (Judge Mark L. Wolf) by In one of a series of explosive cases on Government misconduct arising out of wilfull failure to comply with the disclosure requirements of 18 USC § 2518, the Court warned that the Acting …