United States v. Evelio Martinez

This is an appeal from a conviction in the Central District of California for participating in gambling activities in violation of 18 U.S.C. § 1955 . Appellant argues that evidence obtained pursuant to a wiretap should have been excluded from consideration in the bench trial because the affidavit in support of the application for the wiretaps was insufficient. He also argues that affidavits in support of an application for a search warrant to be executed at his residence did not show probable cause to justify issuing the warrant. Finally, he contends that a language barrier between him and the F.B.I. agent who questioned him tainted his consent to questioning and thus violated his Miranda rights. For this reason, he contends, statements he made during questioning should also have been excluded.

The facts show that in January, 1975, the F.B.I. began investigating a large-scale numbers wagering operation in Los Angeles County. Two agents infiltrated the ring, became close associates of certain key figures, and gathered a great deal of information on the identity of many participants and the nature of the operation. Other agents obtained further information by observing a bar which…