Monday, March 03, 2014

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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