United States v. Terrell

The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence from wiretaps after he pleaded guilty to drug-related offenses. The court held that the district court did not err in granting the wiretap applications without preauthorization from the Nebraska Attorney General. The court also held that, under Nebraska law, wiretap applications do not need to be sworn under oath before submission to the Nebraska Attorney General and there was no requirement that wiretap applications be submitted to the Attorney General by the principal county attorney.The court also held that the district court did not err in finding probable cause to wiretap defendant's co-conspirators; the district court did not err in finding the probable-cause information was not stale, because the criminal activity was continuous and ongoing; and the district court did not err in finding the wiretaps were necessary, and defendant had actual notice of the wiretaps within the 90-day period set out in Nebraska law. View "United States v. Terrell" on Justia Law