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Canadian wiretap could not be challenged in U.S. court

By John Wesley Hall, Jr.

A Canadian wiretap that assisted a prosecution here was not subject to a motion to suppress in the United States under Verdugo-Urquidez. United States v. Smida, 2008 U.S. Dist. LEXIS 42417 (C.D. Cal. May 1, 2008).* Probable cause existed for defendant's arrest. Because he premised his search incident of the cellphone on lack of probable cause for arrest, the question is left open. United States v. Gutierrez, 2008 U.S. Dist. LEXIS 42322 (D. N.M. January 4, 2008): The federal district court in United States v. Parada has reasoned that an officer's search of the cellular telephone memory for the numbers of incoming phone calls was a separate question supportable by exigent circumstances because the agent in that case was concerned about subsequent incoming calls erasing earlier stored numbers...continue to full post

Full post as published by Fourth Amendment on June 03, 2008 (boomark / email).