United States Fourth Circuit

Tapes recorded by prison as part of routine procedure, which captured conversations in which defendant allegedly tampered with a witness, were properly obtained by subpoena rather than by Title III interception order, as "law enforcement" and "consent" exceptions to Title III requirements apply.

Appellate Information

• Argued 01/25/2002
• Decided 04/12/2002
• Published 04/12/2002

Judges

• Before WIDENER and GREGORY, Circuit Judges, and Cynthia Holcomb HALL, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Joshua R. Treem, Schulman, Treem, Kaminkow, Gilden & Ravenell, P.A., Baltimore, Maryland, for Appellant.  Harvey Ellis Eisenberg, Assistant United States Attorney, Baltimore, Maryland, for Appellee.   ON BRIEF:  Thomas M. DiBiagio, United States Attorney, Jane M. Erisman, Assistant United States Attorney, Baltimore, Maryland, for Appellee.