What are the implications of an interlocutory appeal from a Federal District Court order of suppression?
The following excerpt is from U.S. v. Massino, 784 F.2d 153 (2nd Cir. 1986):
3 This interlocutory appeal is allowed by 18 U.S.C. Sec. 2518(10)(b), which permits the United States to appeal immediately from an order of suppression so long as the appeal is not taken for purposes of delay. The only issue now before us is the suppression of the fruits of the sixth order, as defendants may not now cross-appeal the denial of their motions with respect to the other tapes. See United States v. Margiotta, 646 F.2d 729, 734 (2d Cir.1981). Defendants, as appellees in the present case, are entitled to rely on any available ground in the record to defend the judgment in their favor below, e.g., lack of probable cause, or failure to minimize. Id. However, they have not challenged the district court's holdings on these issues with respect to the sixth order, so we do not address them.
4 Section 2518(8)(a) provides in full:
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