Oliva

United States v. Oliva

Good Law
705 F.3d 390·2012 WL 6554807
United States Court of Appeals for the Ninth CircuitJuly 20, 2012Nos. 10-30126, 10-30134California4,789 words

Opinion

Lead Opinion

Fisher, J.

ORDER

Appellee’s motion to file an untimely petition for panel rehearing, filed October 5, 2012, is GRANTED. The Clerk of Court is instructed to file Appellee’s petition for panel rehearing.

The opinion filed July 20, 2012, and reported at 686 F.3d 1106 , is amended as follows:

At slip opinion pages 8372-73, 686 F.3d at 1108-09 , delete the paragraph that begins < Under federal law, any “aggrieved person” has standing to bring a motion to suppress > and the paragraph that begins < Oliva was one of the individuals against whom the interceptions were directed. > and insert the following paragraph in their place:

< Under federal law, any “aggrieved person” has standing to bring a motion to suppress the contents of intercepted wire or oral communications or evidence derived therefrom. § 2518(10)(a). An “aggrieved person” means a person “who was a party to any intercepted wire, oral, or electronic communication or a person against whom the interception was directed.” § 2510(11) (emphasis added); see Alderman v. United States, 394 U.S. 165, 173 , 89 S.Ct. 961 , 22 L.Ed.2d 176 (1969) *393 (“In order to qualify as a person aggrieved by an unlawful search and seizure one must [be] ...…

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