Callum
United States v. Callum
Opinion
Opinion
Kozinski, J.
ORDER AND AMENDED OPINION
ORDER
The government’s motion to amend the opinion and delay publication is GRANTED.
The opinion filed on April 20, 2005 [ 404 F.3d 1150 ], is amended as follows. On page 1152, the phrase “Jeffrey Cole, the Assistant United States Attorney (AUSA) supervising the investigation,” is replaced with “the Assistant United States Attorney (AUSA) supervising the investigation”. A footnote is inserted after the word “investigation” that reads: “The AUSA who supervised the investigation is not the one who argued this case for the government.”
Additionally, Judge Pregerson’s special concurrence is deleted.
OPINION
The federal wiretapping statute requires court orders approving wiretaps to “specify ... the identity ... of the [Department of Justice official] authorizing the [wiretap] application.” We decide whether suppression is required when wiretap orders and corresponding applications say nothing about who authorized them.
FACTS
The Drug Enforcement Administration (DEA) suspected defendants Barnes and Henderson of participating in a drug trafficking ring in Northern California. After unsuccessfully exhausting conventional investigative techniques, DEA…