United States v. Carlos Lomeli, No. 11-1549 (8th Cir. 2012)
Annotate this CaseDefendant appealed from the district court's order adopting the findings and supplemental findings and recommendations of the magistrate judge granting defendants' motions to suppress evidence obtained as a result of a wiretap. The court affirmed the district court's suppression order where, given the congressional intent to strictly limit the use of this electronic interception, failing to include the name of the authorizing official, and failing to include the documents that could have easily established confirmation or proof of such authorization, was not a "minor," nor merely technical defect. The court further held that, in regards to the Leon good faith exception, no wiretap applicant could, in good faith, rely upon a court order authorizing the wiretap when the applicant failed to comply with the edicts of the federal wiretap statute in procuring the order. Accordingly, the court affirmed the judgment.
Court Description: Criminal case - criminal law. The district court did not err in granting defendants' motion to suppress wiretap evidence on the ground that the wiretap application failed to include a copy of the Attorney General's order of Special Designation and Memorandum of Authorization approving the application as required by 18 U.S.C. Sec. 2518; the failure to attach the authorization is not a technical defect as it thwarts the core purpose of the statutory scheme in place to regulate such extraordinary investigative techniques; Leon "good faith" exception did not apply as no wiretap applicant can, in good faith, rely upon a court order authorizing a wiretap when the applicant failed to comply with the edicts of the federal wiretap statute in procuring the order.
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