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D.Ariz.: Wiretap seizure of telephone calls with defense counsel was unreasonable and violated the Fourth Amendment

By John Wesley Hall, Jr.

Wiretap seizure of telephone calls with defense counsel was unreasonable and violated the Fourth Amendment. United States v. Renzi, 2010 U.S. Dist. LEXIS 56095 (D. Ariz. March 11, 2010): Section 2518(10)(a)(i), however, provides that a defendant may move to suppress the contents of communications intercepted under that chapter on the grounds that “the communication was unlawfully intercepted.” The Supreme Court has opined that section (i) “must include some constitutional violations. Suppression for lack of probable cause, for example, is not provided for in so many words and must fall within paragraph (i) unless, as is must unlikely, the statutory suppression procedures were not intended to reach constitutional violations at all...continue to full post

Full post as published by Fourth Amendment on June 11, 2010 (boomark / email).