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Criminal Law

: Fourth Amendment

CA2: No First Amendment right of access to press to wiretap applications under Title III

By John Wesley Hall, Jr.

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There is no First Amendment right of press access to wiretap applications without "good cause" under Title III despite the caselaw that says that judicial records are presumptively public records. At issue were the wiretaps of the Emperor's Club that ensnared former Gov. Eliot Spitzer. "Good cause" is from a party. In re New York Times Co., 2009 U.S. App. LEXIS 17642 (2d Cir. August 7, 2009).* Information from a citizen that defendant parolee was in possession of a gun was enough to conduct a parole search. United States v. Cordova, 2009 U.S. App. LEXIS 17613 (10th Cir. July 31, 2009) (unpublished).*

Full post as published by Fourth Amendment on August 09, 2009 (boomark / email).

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