Application of the United States for Relief

Good Law
427 F.2d 639·1970 U.S. App. LEXIS 9192
United States Court of Appeals for the Ninth CircuitMay 18, 197024616California2,588 words

Opinion

Opinion

Hamley, J.

Pursuant to 18 U.S.C. § 2518 , a provision of Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (Act), 82 Stat. 211 -225, 18 U.S.C. §§ 2510-2520 , the United States applied to the United States District Court for the District of Nevada for an order authorizing the interception of the wire communications of named individuals from specified telephone numbers. The Government also asked that The Central Telephone Company of Nevada (company) and an officer of the company be directed to furnish at established rates such facilities, services and assistance as are required by the Federal Bureau of Investigation, acting under the authorization, to effectuate the interception.

Prior to submitting the application to the district court the Government informally asked the company whether it would consent to the entry of such an order. The company responded that it would not voluntarily cooperate in such an interception. At the request of the district court, attorneys for the company and the Government appeared at an in camera hearing on the Government’s application. At that hearing the company adhered to its position as stated above.

Thereafter the Government submitted to…

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