What is the test for obtaining a warrant for wiretapping under section 2518(1)(b)(iv) of the Criminal Code?

"We therefore hold that when there is probable cause to believe that an individual is committing a specific crime and may be overheard on a specific phone, he is known to the government for the purpose of 2518(1)(b)(iv)." United States v. Bernstein, 509 F.2d 996, 1002 (4th Cir. 1975).

In United States v. Donovan, 513 F.2d 337 (6th Cir. 1975), cert. granted, 424 U.S. 907, 96 S.Ct. 1100, 47 L.Ed.2d 310 (1976) (No. 75-212), the names of two men concededly committing the offense were known but not specified and a third about whom the applicant said he had "suspicions" was likewise undesignated. The wiretap testimony of all three was suppressed.

United States v. Chiarizio, 525 F.2d 289 (2d Cir. 1975), aff'g 388 F.Supp. 858 (D.Conn.1975), adopts the rule that probable cause must be found before a duty to identify and specify an individual in the application and order comes into being. 525 F.2d at 292. There the trial court, after a 2-day evidentiary hearing, credited the government's witnesses and found that the government's applicant for the order did not in fact possess sufficient information at the time of the application to establish probable cause for the defendant in question. The evidence was thus held admissible.