What is the test for a search warrant under section 2518(1)(c) of the Federal Communications Commission Act?

Our review of the district court's determination under this statute is deferential. We review the findings of probable cause under the same standard as for a search warrant, United States v. Fury, 554 F.2d 522, 530 (2d Cir.), cert. denied, 436 U.S. 931, 98 S.Ct. 2831, 56 L.Ed.2d 776 (1978), and 433 U.S. 910, 97 S.Ct. 2978, 53 L.Ed.2d 1095 (1977), to be sure it had a substantial basis. United States v. Seybold, 726 F.2d 502, 503 (9th Cir.1984); see also Illinois v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 2332, 76 L.Ed.2d 527 (1983). Although we examine de novo whether "a full and complete statement" was submitted meeting section 2518(1)(c)'s requirements, United States v. McConney, 728 F.2d 1195, 1201 (9th Cir.) (en banc), cert. denied, --- U.S. ----, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984), we review conclusions that the wiretaps were necessary in each situation only for an abuse of discretion. See United States v. Martin, 599 F.2d 880, 886-87 (9th Cir.), cert. denied, 441 U.S. 962, 99 S.Ct. 2408, 60 L.Ed.2d 1067 (1979).

The government argues that we need not review the August order at all because we have already held, in another case involving the same investigation, that the affidavit underlying the August order satisfied the probable cause and necessity requirements. See United States v. Goetz, 730 F.2d 771 (9th Cir.1984) (mem.). We cannot accept the government's argument.

Page 1276