United States v. Perez-Valencia,
No. 12-50063 (3-3-14) (Trott with O'Scannlain with Clifton).
This
case is about the proper delegation of authorization of wiretap approval. In this case, the 9th remanded to see if the
state district attorney's office had properly authorized the approval when the
district attorney was out of the jurisdiction.
The district court examined the delegation. The record indicated that the delegation was
for when the district attorney was absent and was for a bundle of authority and
was not a delegation of just the wiretap authority, even when the district
attorney was present. As such, the
delegation was proper, and so was the wiretap authority.
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