United States v. Santiago, No. 16-3433 (7th Cir. 2018)Annotate this Case
Santiago was charged with conspiracy to possess with intent to distribute 1000 grams or more of heroin and five or more kilograms of cocaine, 21 U.S.C. 846; distribution of heroin, 21 U.S.C. 841(a)(1); and money laundering, 18 U.S.C. 1956. Before trial, Santiago unsuccessfully moved to suppress phone recordings secured through a wiretap under the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. 2510–2520. A jury convicted Santiago on all charges. The Seventh Circuit affirmed the ruling on the motion to suppress, rejecting arguments that the application incorrectly stated that the investigators did not know his identity, that the application failed to establish that the wiretap was necessary to obtain relevant evidence and that he made a substantial preliminary showing that the application contained a deliberate or reckless misstatement of material fact that required a hearing under Franks v. Delaware. The warrant application’s failure to identify Santiago by his name rather than simply by his nickname did not affect the issuing court’s probable‐cause analysis. The application also established that traditional investigative techniques had been employed, but were unlikely to uncover critical evidence about the targets. Santiago did not make the necessary showing to obtain a Franks hearing.