Gomez

United States v. Gomez

Good Law
358 F.3d 1221
United States Court of Appeals for the Ninth CircuitMarch 2, 2004No. 03-50106California2,650 words

Opinion

Lead Opinion

Trott, J.

The United States appeals from the district court’s order suppressing evidence obtained from court-authorized wiretaps. The wiretaps were requested by the FBI in connection with its investigation of a large drug-trafficking operation, and then yielded information that eventually led to the indictments of Defendants-Appellees Diane Fregoso, Alan Madrid, and Magdal-eno Mendoza (collectively “Appellees”) and 26 other co-defendants. 1 The district court suppressed the wiretap-procured evidence, finding that the application for the wiretap failed to include a full and complete statement of the government’s need for the use of the wiretap and, that given the apparent availability of confidential informants, the wiretaps were not necessary. We respectfully disagree and reverse.

BACKGROUND

On August 4, 2000, the FBI submitted to district court Judge Christina A. Snyder an application pursuant to 18 U.S.C. § 2518 for an order authorizing a wiretap. The application was supported by a thirty-eight page affidavit by FBI Special Agent Robert Strickland (“affidavit”). The wiretaps were requested as part of the FBI’s ongoing investigation of a broad scale drug-trafficking organization…

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