What is the test for obtaining an order to wiretap a telephone call from a federal judge?

MultiRegion, United States of America

The following excerpt is from U.S. v. Khan, 993 F.2d 1368 (9th Cir. 1993):

Under 18 U.S.C. 2516(1)(e), the Attorney General may authorize application to a federal judge for an order authorizing the interception of telephone communications through a wiretap for any offense involving the importation of dangerous drugs. The application must satisfy the requirements of 18 U.S.C. 2518. Under section 2518(1)(c), the application must contain "a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous." This is referred to as the "necessity requirement." The judge determines whether the applicant has satisfied the requirements of section 2518(1)(c). United States v. Torres, 908 F.2d 1417, 1422 (9th Cir.), cert. denied, 498 U.S. 905, 111 S.Ct. 272, 112 L.Ed.2d 228 and cert. denied, 498 U.S. 948, 111 S.Ct. 366, 112 L.Ed.2d 329 (1990).

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