APPLICATION OF US FOR AN ORDER, ETC., Misc. No. 330-I.
Decision Date | 22 August 1980 |
Docket Number | Misc. No. 330-I. |
Citation | 495 F. Supp. 282 |
Parties | In the Matter of the APPLICATION OF the UNITED STATES FOR AN ORDER AUTHORIZING INTERCEPTION OF WIRE AND ORAL COMMUNICATIONS. |
Court | U.S. District Court — Eastern District of Louisiana |
John Volz, U. S. Atty., New Orleans, La., L. Eades Hogue, Atty. in Charge, U. S. Dept. Justice, John Voorhees, U. S. Dept. of Justice, New Orleans, La., for plaintiff.
Robert Kasanof and Bart M. Schwartz, New York City, Attys. for movant.
Dan Keefe of Charles N. Wooten, Ltd., Lafayette, La., for defendant.
This matter is before the Court on a motion for inspection of an application and order authorizing interception of wire and oral communications and to inspect recordings and transcripts of intercepted communications. At the request of movant and the government all pleadings in connection with said motion have been sealed and the hearing on the motion was closed except to counsel for the parties and the Court's staff. Following oral argument the matter was submitted. Counsel for mover requested an opportunity to provide the Court with additional legal authority and has at this time done so. Now, after careful consideration of the record in this matter, the memoranda and oral argument of counsel, and the applicable law, it is the opinion of the Court, for the reasons hereinafter set out, that the motion should be and it is hereby DENIED.
Movant has received an inventory notice from the United States Attorney in this district pursuant to 18 U.S.C. § 2518(8)(d) advising him that, with judicial authorization, certain of his wire and oral communications had been intercepted. Movant does not contest the sufficiency of the inventory notice itself, but, by means of the instant motion, seeks to inspect the application and accompanying affidavits filed by the United States in support of the surveillance, the Court's order authorizing same, and the recordings and transcripts of the intercepted communications to which movant was a party. Conceding that mover, who has neither been indicted nor called before a grand jury, is not entitled to invoke 18 U.S.C. § 2518(9) and (10)(a), disclosure is sought pursuant to § 2518(8)(d) which provides:
The government opposes the motion on the basis that mover is not entitled to disclosure of the material sought and that such disclosure would severely compromise an ongoing grand jury investigation. In support of its contention with regard to the grand jury investigation, the government has filed ex parte an affidavit giving details of the investigation for the Court's in camera review.
Mover urges that merely being advised that there is an ongoing grand jury investigation is insufficient for purposes of allowing him to argue his case for disclosure and urges that an in camera inspection is not appropriate in this case. The government takes the position that such procedure is necessary in order to prevent intrusion upon the secrecy of the grand jury proceedings. We are of the opinion that in camera examinations are an appropriate means for resolving a conflict between the need of a party for evidence and the government's claim that disclosure is not in the interests of justice or public security. United States v. Brown, 539 F.2d 467, 470 (5th Cir., 1976); United States v. Buckley, 586 F.2d 498, 506 (5th Cir., 1978) cert. den'd, 440 U.S. 982, 99 S.Ct. 1792, 60 L.Ed.2d...
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