US v. Garcia-Villalba, No. 05-30506 - U.S. Ninth Circuit
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US v. Garcia-Villalba, No. 05-30506

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.

Read US v. Garcia-Villalba, No. 05-30506

Appellate Information

Argued and Submitted July 6, 2009

Filed November 2, 2009

Judges

Opinion by Judge O'Scannlain

Counsel

For Appellant:

Brooks Holland, Gonzaga University School of Law, Spokane, WA

For Appellee:

Michael S. Morgan, Assistant United States Attorney, Seattle, WA