United States v. Ronald Santora, Earl Rardin, Maurice Eugene Lickteig, Theresa Sohn, Garth Jon Brian Upton, Roy Cohn, Mary Evans, and Walter P. Moore

The United States Supreme Court granted the Government’s petition for a writ of certiorari in Santora’s case, whose appeal we had consolidated with the appeals of Rardin, Lickteig, Sohn, Upton, Cohn, Evans, and Moore. The Supreme Court vacated our opinion and remanded the case to us for reconsideration in the light of Dalia v. United States (1979) - U.S. -, 99 S.Ct. 1682 , 60 L.Ed.2d 177 . We now issue a new opinion modifying our prior opinion in obedience to the Supreme Court’s mandate.

These consolidated appeals raise a series of issues relating to the validity, the interpretation and effect of four court orders authorizing FBI agents to wiretap several telephones and to permit FBI agents to break into a business premise for the purpose of installing, servicing, and removing an electronic listening device. With trivial exceptions, the Government’s cases rested upon evidence that was the product of electronic surveillance conducted pursuant to court orders. Each of the appellants filed motions to suppress evidence gathered by electronic surveillance and the fruit of the intercepted conversations. These consolidated appeals present a number of issues common to all appellants, and…