US v. Estrada, No. 16-50439
(9-18-18)(N. Smith, Berzon & Castel).
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/09/18/16-50439.pdf
The
9th affirms the order denying a motion to suppress a wiretap.
In so affirming, the 9th finds that the district court did not abuse
its discretion in concluding the wiretap was necessary, and that other
investigative procedures were not sufficient. Here, the possible use of a
high-level confidential informant to infiltrate the gang still might not have
resulted in the prosecution of all members, there were questions of
corroboration, and there may have been the risk of tipping off, discovery, or
retaliation.
The
decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/09/18/16-50439.pdf
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