By: Derek Hawkins//October 17, 2018//
7th Circuit Court of Appeals
Case Name: United States of America v. Anthony Santiago
Case No.: 16-3433
Officials: RIPPLE, MANION, and KANNE, Circuit Judges.
Focus: Motion to Suppress Evidence Denied
Anthony Santiago initially was charged with conspiracy to possess with intent to distribute 1000 grams or more of heroin and five or more kilograms of cocaine, in violation of 21 U.S.C. § 846, and with distribution of heroin, in violation of 21 U.S.C. § 841(a)(1). Superseding indictments also charged Mr. Santiago with several counts of money laundering, in violation of 18 U.S.C. § 1956.
Prior to trial, Mr. Santiago filed a motion to suppress phone recordings secured through a wiretap under Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. §§ 2510–2520. The court denied that motion as well as a subsequent motion to reconsider. A jury later convicted Mr. Santiago on all charges that were tried. He now appeals the district court’s ruling on the motion to suppress the Title III wiretap evidence. Specifically, he submits that the wiretap application incorrectly stated that the investigators did not know his identity and that the application failed to establish that the wiretap was necessary to obtain relevant evidence. If the district court had full and accurate information, he argues, it would not have issued the warrant. He further contends that, at the very least, he made a substantial preliminary showing that the application contained a deliberate or reckless misstatement of material fact that required a hearing under Franks v. Delaware, 438 U.S. 154, 155–56. (1978).
Mr. Santiago’s arguments are not persuasive. The warrant application’s failure to identify Mr. Santiago by his name rather than simply by his nickname did not affect the issuing court’s probable‐cause analysis. The application also established that traditional investigative techniques had been employed, but were unlikely to uncover critical evidence about the targets. Finally, Mr. Santiago did not make the necessary showing to obtain a Franks hearing. We therefore affirm the judgment of the district court.
Affirmed