U.S. v. Long

Federal 7th Circuit Court
Criminal Court
Wiretap
Citation
Case Number: 
Nos. 09-3493 & 09-3636 Cons.
Decision Date: 
March 22, 2011
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Affirmed
In prosecution on drug-related charges arising out of wiretap recordings and stings involving defendant-police officer, Dist. Ct. did not err in denying defendant's motion to suppress wiretap evidence even though defendant argued that govt. had failed to establish necessity element required to obtain wiretap. Govt. need not show that wiretap request was made as last resort in criminal investigation, and instant application was sufficient to establish necessity element where affidavit laid out limited success of techniques that had already been used, which had resulted in failure to apprehend number of co-conspirators. Fact that govt. already had enough evidence to arrest defendant at time of wiretap application did not preclude finding of necessity where application showed demonstrated need to root out additional co-conspirators.