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09-3493 & 09-3636 U.S. v. Long

By: WISCONSIN LAW JOURNAL STAFF//March 22, 2011//

09-3493 & 09-3636 U.S. v. Long

By: WISCONSIN LAW JOURNAL STAFF//March 22, 2011//

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Wiretaps

Where the officer’s affidavit requesting authority for wiretaps indicated unsuccessful or limited success in the investigation, the request was properly granted.

“The affidavit here was more than adequate to establish necessity, especially under our deferential standard of review. The affidavit laid out, in detail, the efforts used to investigate Long and Edwards thus far, the limited success of those efforts, and the government’s fear—based on the magnitude of Long and Edwards’s acts—that the techniques already used had missed a number of co-conspirators. Edwards’s only argument against necessity is that the investigation had already uncovered enough evidence to arrest Edwards prior to the wiretap application. But the fact that arrest could have occurred earlier does not preclude a finding of necessity where, as here, the basis for necessity was a demonstrated need to root out additional co-conspirators. McLee, 436 F.3d at 763. We accordingly reject Edwards’s challenge to his conviction.”

Affirmed.

09-3493 & 09-3636 U.S. v. Long

Appeals from the United States District Court for the Southern District of Indiana, McKinney, J., Kanne, J.

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