Are you a "glass half empty," or "glass half full" person?If you're the former, the Ninth Circuit just adopted a new rule that allows the Feds to listen in on wiretaps, to the entirely wrong Title III target, without automatic suppression. It is the new, "plain hearing" exception to the Fourth Amendment. If you're the latter, the Ninth Circuit just adopted a new rule that requires Feds to stop as soon as they realize they've got the wrong target on a Title III tap, and seek a new Title III order if interested in the conversations.United States v. Carey, by Judge Gould, is a brief little decision, but carries several new rules for Title III work in the Ninth. Worth a close read -- particularly for the "courthouse steps" cases the SEC has insisted on pursuing up here in NorCal.On the subject of NorCal, the memo ends with a little recitation of some shocking ND California wiretap stats. As our mentally-ill clients observe, "it ain't paranoia, if it's true." The blog entry for the COTW this week has a graph that explains that clicking that we've been hearing on our phones: http://circuit9.blogspot.com/2016/09/case-o-week-heard-it-through-grapev...
United States v. Carey
Monday, September 12, 2016