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NY Appeals Court Allows Evidence in Questionable Wiretap

Did the Appeals Court in N.Y. rule properly by allowing evidence from a questionable wiretap? It’s certainly questionable.  The lower court said investigators did not do enough to prove a wiretap was warranted.

istock photo

istock photo

By David Kravets
Wired

Despite refusing to “endorse” the government’s tactics in securing a warrant for a wiretap, a federal appeals court is ruling that authorities could use the fruits of their questionable eavesdropping in prosecuting an alleged drug dealer.

The 2nd U.S. Circuit Court of Appeals overturned a lower-court judge who last year suppressed the 50 grams of crack cocaine that was evidence in the case against a man originally suspected of plotting terrorism against the United States.

The lower court said a magistrate judge erroneously issued the warrant, breaching the Omnibus Crime Control and Safe Streets Act of 1968, which was designed to strike a balance between law enforcement and “the privacy rights of the individual.”

For Full Story

Read Court Ruling


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