United States v. Drew Yim

MEMORANDUM

The district court did not err in denying Yim’s and Camacho’s motions to suppress. The affidavits in support of the wiretap applications contained “a full and complete statement as to whether or not other investigative procedures ha[d] been tried and failed or why they reasonably appear[ed] to be unlikely to succeed if tried or to be too dangerous.” 18 U.S.C. § 2518 (l)(c). Among the specific reasons that the affidavits were sufficient are the descriptions of the successful use of confidential informants, and the reasons why further use of those informants was not feasible. Among other things, the affidavits also described evidence of the organization’s sophistication, several instances of counter surveillance efforts by the targets, and a financial investigation that revealed large cash deposits by individuals without any evidence of legitimate employment. The issuing court’s finding that the wiretaps were necessary was not an abuse of discretion. United States v. Garcia-Vil-lalba, 585 F.3d 1223, 1228 (9th Cir.2009).

The district court did not err in denying Yim’s motion for a Franks hearing because Yim failed to “make a substantial showing that supports a finding of…