United States Ninth Circuit

In a drug conspiracy prosecution, the denial of defendant's motions to suppress is affirmed where: 1) the government's application to wiretap defendant's residence contained a full and complete statement as to whether or not other investigative procedures would be successful; 2) the issuing judge did not abuse his discretion in finding that the wiretap was necessary; and 3) the district court erred in finding a lack of probable cause to search defendant's residence.

Appellate Information

• Argued 07/06/2009
• Decided 11/02/2009
• Published 11/02/2009

Judges

• O'SCANNLAIN, Circuit Judge:, Before: DIARMUID F. O'SCANNLAIN, ANDREW J. KLEINFELD, and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Brooks Holland, Gonzaga University School of Law, Spokane, WA, argued the cause for the defendant-appellant and filed the briefs., Michael S. Morgan, Assistant United States Attorney, Seattle, WA, argued the cause for the plaintiff-appellee and filed the brief.  Jeffrey C. Sullivan, United States Attorney, was on the brief.