United States v. Karnig Sarkissian, Steven Dadaian, Viken Hovsepian

Sarkissian, Dadaian, and Hovsepian appeal their convictions for conspiracy to bomb, 18 U.S.C. § 844 (1982), transportation of explosive materials, 18 U.S.C. § 844 (d), and possession of an unregistered firearm, 26 U.S.C. § 5861 (d) (1982). They contend that (1) the government’s warrant-less search of a suitcase violated the fourth amendment; (2) the government was required to obtain wiretap authorization under Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (Title III), 18 U.S.C. §§ 2510-2521 (1986), not under the Foreign Intelligence Surveillance Act of 1978 (FISA), 50 U.S.C. §§ 1801-1811 (1982); and (3) the district court erred in not disclosing the government’s ex parte in camera submission of classified information. We affirm.

FACTS AND PROCEEDINGS BELOW

This case involves the Federal Bureau of Investigation’s (FBI) attempt to prevent Armenian terrorists from bombing the Honorary Turkish Consulate in Philadelphia. On September 17, 1982, the FBI, as part of an ongoing investigation of Armenian terrorist groups, obtained authorization from the-United States Foreign Surveillance Court (USFSC) to place a wiretap on Hovsepian’s telephone in Santa Monica,…