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Federal case involving multiple wiretaps | Case Study

Federal case involving multiple wiretaps | Case Study

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The next case we were involved in, or at least relates to this topic actually is a federal case in Colorado, where there were multiple wire taps. In federal and state court, the federal or states governments on many occasions on larger drug cases will seek and obtain what’s called a “Title III Wire Tap” consenting to tap phones, cell phones, landline phones. They also gain authorization for employing numerous other types of surveillance techniques.

In this case there were probably twenty or thirty defendants arrested. Our clients phone was one of the ones that was tapped. We’ve handled numerous wire tap cases, on the state and federal level. The handling of those cases is somewhat unique because it requires an expertise and experience in areas that most criminal defense lawyers really don’t handle or aren’t fully aware of.

The bottom line on those cases is to put forth a very strong attack as to the wiretap authorization because invariably if you’re able to raise a significant issue on those type cases, you can provide significant motivation for the government to reach an agreement, resolving the case. In one case we were actually able to gain suppression which resulting in the dismissal of the case. In another case, the most recent case I’m speaking of, we were able to gain a resolution of the case and in that case avoid a ten to life mandatory for a much lighter sentence. Actually in that case, our client was on state probation on a drug charge, we were able to negotiate our way through that to gain a very favorable resolution. That was a federal case.

We’re also currently on a large state case that is overseen by the federal government. Many of the officers on the case on loan to certain drug task force in Colorado area are assisting the state in setting up the title III wire tap. In that case there are approximately twenty five defendants.

In that case that government, actually the state government in that case has brought what’s known as a RICO charge, or under state law a COCA charge. Basically, it’s alleging an organized crime type of enterprise that in reality they employ whether it’s truly organised crime or not. It imposes a somewhat draconian potential penalty. That case is actually ongoing. We are raising significant issues regarding the legality of the search, of several searches on that case. Most particularly there were approximately twelve different wire taps, and additional extensions and numerous search warrants executed. The issue of the wire tap in that state case in Colorado will be dispositive of the case. That case is still going forward.