Thursday, September 27, 2018

US v. Estrada, No. 16-50439 (9-18-18)(N. Smith, Berzon & Castel).

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:



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