While acknowledging that the government could have provided a more detailed justification for a wiretap, a federal appeals court has reversed a judge’s suppression of cell phone tapes obtained in a terrorism investigation that turned into a drug bust.
The 2nd U.S. Circuit Court of Appeals observed that the government’s affidavit in its case against Alexander Concepcion was “skimpy,” but nonetheless ruled in United States v. Concepcion, 08-3785-cr, that the affidavit had set forth facts “minimally adequate” to support a judge’s finding that investigators needed the wiretap.
