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Criminal Law: Wiretap Application – Sufficiency – Authorizing Forms

Stephanie Maniscalco//April 25, 2012//

Criminal Law: Wiretap Application – Sufficiency – Authorizing Forms

Stephanie Maniscalco//April 25, 2012//

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Where an application for a wiretap in a narcotics investigation did not include forms that specifically identified the authorizing official, the omission was not a mere technical defect, so the district court properly suppressed the evidence obtained as a result of the wiretap.

Judgment is affirmed.

U.S. v. Lomeli (MLW No. 63567/Case No. 11-1549 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Beam, J.) Appealed from U.S. District Court, District of Nebraska (Thomas J. Kangior, Omaha, Nebraska, argued for appellant) (J. William Gallup Sr., Omaha, Nebraska, and Alan Stoler, of Omaha, Nebraska, argued for appellees).

Read the full text of this opinion. (PDF)

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