Chiprez
United State v. Chiprez
Opinion
Lead Opinion
MEMORANDUM **
Our jurisdiction in this case was challenged because of the bare bones certification under 18 U.S.C. § 3731 . We held in United States v. W.R. Grace, 526 F.3d 499, 505-06 (9th Cir.2008) (en banc), that a bare bones certification was sufficient. Accordingly, we have jurisdiction.
Our review of the district court decision granting the motion to suppress is de novo. United States v. Rivera, 527 F.3d 891, 898 (9th Cir.2008). In contrast, our review of the district judge’s decision granting the warrant (wiretap order), and finding that the affidavit sufficiently justified the order allowing wiretapping, is deferential, for abuse of discretion. Id. We conclude that the judge who issued the wiretap order did not abuse his discretion. *698 Defendant’s motion to suppress the evidence should be denied.
When seeking a court-authorized wiretap, the government must provide an application that includes “a full and complete statement as to whether or not other investigative procedures have been tried arid have failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous.” 18 U.S.C. § 2518 (l)(c). This provision requires a full and complete…