United States v. Peter Licavoli, Sr.

Good Law
604 F.2d 613·4 Fed. R. Serv. 1452·1979 U.S. App. LEXIS 11871
United States Court of Appeals for the Ninth CircuitSeptember 13, 197977-1381California5,300 words

Opinion

Opinion

Hug, J.

Peter Licavoli, Sr. appeals his conviction for receiving stolen goods in violation of 18 U.S.C. § 2315 . Licavoli contends that the district court should have suppressed evidence obtained through the use of electronic surveillance devices. He also argues that the court committed reversible error in several trial rulings concerning the admissibility or sufficiency of evidence and in other aspects of the conduct of the trial. We affirm the conviction.

I.

The Investigation and Trial

In March 1976, a federal judge authorized agents of the Federal Bureau of Investigation to install electronic surveillance devices in the office of an art gallery owned and operated by Licavoli. The F.B.I. had presented evidence to the court tending to show that the surveillance was necessary to their investigation of allegations that Lica-voli was acting as a broker in several trans actions involving stolen diamonds. A finding of probable cause that Licavoli was dealing in stolen diamonds was supported by an affidavit prepared and submitted to the court by the F.B.I.; the substance of the affidavit was based on information obtained by the F.B.I. from two confidential informants whose identities have…

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