Traylor

United States v. Traylor

Good Law
350 F. App'x 142
United States Court of Appeals for the Ninth CircuitOctober 28, 2009No. 08-50162California585 words

Opinion

Lead Opinion

MEMORANDUM ***

DeShann Traylor (“Traylor”) appeals, pursuant to a conditional plea agreement, the district court’s denial of his motion to suppress evidence obtained through a wiretap. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s denial of the motion to suppress, United States v. Jones, 286 F.3d 1146, 1150 (9th Cir.2002), and the determination of “whether [the] application for [the] wiretap order is supported by a full and complete statement of the facts in compliance with 18 U.S.C. § 2518 (1)(c),” United States v. Rivera, 527 F.3d 891, 898 (9th Cir.2008) (citations omitted), cert. denied, — U.S. —, 129 S.Ct. 654 , 172 L.Ed.2d 631 (2008). However, we review “the issuing judge’s conclusion that the wiretap was necessary” for abuse of discretion. Id. at 898 (citation omitted). We affirm the district court’s denial of the suppression motion.

In reviewing a finding of necessity, “we employ a common sense approach to evaluate the reasonableness of the government’s good faith efforts to use traditional investigative tactics or its decision to forgo such tactics based on the unlikelihood of their success or the probable risk of danger involved…

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