United States v. Lambus, No. 16-4296 (2d Cir. 2018)Annotate this Case
The Second Circuit reversed the district court's two pretrial orders suppressing wiretap evidence and GPS data. The court held that the untainted portions of the First Wiretap Affidavit made ample showings to support the authorizing judge's determinations of both probable cause and necessity, and the inclusion of the omitted information as to Previous Authorizations would not have diminished those showings; the district court clearly erred in finding that the mistakes by the wiretap applicant were intentional rather than inadvertent; and the district court failed to apply the test established by Franks v. Delaware, 438 U.S. 154 (1978), where such evidence should not be suppressed because the mistakes were not material.
The court also held that the GPS monitoring of defendant was permissible because it was reasonably related to his parole officers' duties; defendant, as a parolee who chose to be placed on GPS monitoring rather than be charged with parole violations and possibly returned to prison, and who acknowledged that the monitoring would occur 24 hours a day, seven days a week, until the end of his period of supervision, had no reasonable or legitimate expectation of privacy that was violated by such monitoring; and thus the GPS generated data should not have been suppressed.