In what circumstances will a court grant suppression of an application for a wiretap even though the Attorney General has not approved the wiretap?

California, United States of America


The following excerpt is from People v. Murtha, 14 Cal.App.4th 1112, 18 Cal.Rptr.2d 324 (Cal. App. 1993):

4 For example, in United States v. Chavez (1974) 416 U.S. 562, 94 S.Ct. 1849, 40 L.Ed.2d 380 the court permitted the use of information gathered through the use of a wiretap despite a technical violation of the Act. In that case, the application for the wiretap erroneously indicated the Assistant Attorney General had authorized the intercept, when in fact the Attorney General had done so. The court held suppression was unnecessary because a statutorily eligible person had in fact authorized the wiretap application. (416 U.S. at pp. 579-580, 94 S.Ct. at p. 1858.)

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