United States v. Jamal Cooper, No. 17-5475 (6th Cir. 2018)
Annotate this CaseOn March 31, 2014, the government obtained a single 30-day electronic surveillance order authorizing the wiretapping of cell phones used by Williams (TT1), and TT2 used by Cooper. The government intercepted Cooper’s TT2 calls for two weeks, including a call on April 12. Cooper made no more calls on TT2; the government confirmed this through a confidential informant on April 14 and ended its TT2 surveillance. On April 16, the government provided the TT2 wiretap recordings to the district court to be sealed. The government did not intercept any conversations from TT1 because Williams had stopped using it. When the government charged Cooper with drug trafficking, he twice unsuccessfully moved to suppress the evidence gathered directly or derivatively from the TT2 wiretap, citing the Fourth Amendment and 18 U.S.C. 2518(1)(c), claiming that the TT2 application did not establish the necessity for the wiretap and that the government did not seal the TT2 recording “immediately” and requesting a “Franks” hearing on his claim that the TT2 application’s supporting affidavit had material misrepresentations and omissions. Cooper entered a guilty plea and was sentenced to 396 months in prison. The Sixth Circuit affirmed, noting that the application included a 52-page affidavit, prepared by a knowledgeable officer, stating that the government had been investigating Cooper and his drug-trafficking organization for six months, during which traditional investigative methods had been attempted. Statements cited by Cooper were not misleading; the government complied with section 2518.
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