In a drug conspiracy prosecution, the denial of defendant's motions to suppress is affirmed where: 1) the government's application to wiretap defendant's residence contained a full and complete statement as to whether or not other investigative procedures would be successful; 2) the issuing judge did not abuse his discretion in finding that the wiretap was necessary; and 3) the district court erred in finding a lack of probable cause to search defendant's residence.
Argued and Submitted July 6, 2009
Filed November 2, 2009
Opinion by Judge O'Scannlain
Brooks Holland, Gonzaga University School of Law, Spokane, WA
Michael S. Morgan, Assistant United States Attorney, Seattle, WA