United States v. Rodrigues, No. 15-1377 (1st Cir. 2017)Annotate this Case
In a multiple-count indictment, Defendant was charged with conspiring with twenty-nine others to distribute drugs in several Boston area neighborhoods. In pretrial proceedings, Defendant filed a motion to suppress evidence obtained pursuant to wiretaps obtained by the government, claiming, in part, that the government, in bad faith, failed to meet the strict procedural requirements for obtaining wiretaps under 18 U.S.C. 2517-2522. The trial court denied the motion to suppress without a hearing. After a trial, the jury failed to reach a unanimous verdict, and the district court declared a mistrial. Thereafter, Defendant pled guilty solely to conspiracy to distribute marijuana, reserving his right to appeal the denial of his suppression motion. The First Circuit affirmed, holding (1) the district court did not err in finding that Defendant failed to present a credible case of bad faith omissions; (2) the district court properly determined that the facts set forth in the wiretap applications were sufficient to support its grant of wiretap intervention; (3) the lack of strict adherence to statutory sealing requirements did not mandate suppression; and (4) the trial court did not err in denying Defendant a hearing to explore his misrepresentation and bad faith concerns.