Rivera

I. FACTUAL AND PROCEDURAL BACKGROUND

In August 2003, the Drug Enforcement Administration (“DEA”) opened an investigation of what it called the Rivera Drug Trafficking Organization (“Rivera organization”). Most suspected members of the Rivera organization lived in Yak- ima, Washington. Gilberto was believed to be the leader of the organization, and his brother Rigoberto was believed to be a key member. Mendoza and Espinoza, Gilberto’s girlfriend, were also believed to be involved in the Rivera organization.

While the DEA applied for and obtained three separate wiretap authorizations, the only wiretap application chal- lenged on appeal is a March 14, 2005 application by Assistant United States Attorney George Fruchterman (“AUSA Fruchterman”). The application was for a wiretap on two mobile telephones: “Target Telephone 1,” which the DEA believed was being used by Jerardo Rivera, brother of Gil- berto and Rigoberto and a suspected narcotics distributor for the Rivera organization; and “Target Telephone 2,” which the DEA believed was being used by Rigoberto. The application was supported by an affidavit by DEA Special Agent John Schrock, who was the lead agent in the Rivera…