United States v. Barbara Brooks Camp, United States of America v. George Evans Harp

After a bench trial on stipulated facts, Barbara Brooks Camp (“Camp”) and George Evans Harp (“Harp”) were convicted of conspiracy to distribute heroin and use of a telephone to facilitate that conspiracy. Additionally, Camp was convicted of possession of heroin with intent to distribute.

In this consolidated appeal, both appellants argue the district court erred when it denied their motions to suppress evidence obtained through interception of wire communications. They contend the wiretap application was not authorized by an Assistant Attorney General “specially designated” in accordance with 18 U.S.C.A. § 2516 (1) (1983). They argue that the communications therefore were not lawfully intercepted within the meaning of 18 U.S. C.A. § 2518(10)(a) (1983). They also contend the affidavit filed in support of the initial wiretap application failed to establish probable cause. We REMAND in light of subsequent evidence first revealed on appeal.

I

On November 2, 1982, law enforcement officials obtained an order from the Honorable Malcolm M. Lucas authorizing the interception of wire communications over two telephones in the Los Angeles area. Attached to the November 2, 1982, application…