United States v. Orozco, No. 85-0252-JLI-Crim.
| Court | United States District Courts. 9th Circuit. United States District Court (Southern District of California) |
| Writing for the Court | Michael McCabe, San Diego, Cal., for John Kerr |
| Citation | 630 F. Supp. 1418 |
| Parties | UNITED STATES of America, Plaintiff, v. Jose Omar OROZCO, et al., Defendants. |
| Decision Date | 28 March 1986 |
| Docket Number | No. 85-0252-JLI-Crim. |
630 F. Supp. 1418
UNITED STATES of America, Plaintiff,
v.
Jose Omar OROZCO, et al., Defendants.
No. 85-0252-JLI-Crim.
United States District Court, S.D. California.
January 21, 1986.
As Corrected March 28, 1986.
Michael McCabe, San Diego, Cal., for John Kerr.
Inge Brauer, San Diego, Cal., for Sandra Zeck.
Michael Pancer, San Diego, Cal., for Tom Pool, Mary Pool.
Michael Stein, San Diego, Cal., for Michael Van Horn.
Joseph Milchen, San Diego, Cal., for Kenneth Clarke.
Roger Cossack, San Diego, Cal., for Mitch Couasnon.
Richard Barnett, San Diego, Cal., for Donald Takayama.
Carl Klein, San Diego, Cal., for Steve Krogstad.
Patrick Hall, San Diego, Cal., for Kathy Davis, Tina Sullivan.
John Wood, San Diego, Cal., for Gabriel Sencial.
Sheldon Sherman, San Diego, Cal., for Randolph Barsotti.
Thomas Corn, Sacramento, Cal., for Judith Crom.
Charles Goldberg, San Diego, Cal., for Patrick Houser.
Charles Adair, San Diego, Cal., for James Scott.
Eugene Iredale, San Diego, Cal., for Michael Diebert, Dudley Richard Whitney.
Patrick Hennesey, San Diego, Cal., for Karl Hartman.
Peter Hughes, San Diego, Cal., for Gregg Canada, Bob Watson.
Frank Ragen, San Diego, Cal., for Michael Scarlet, Frank Jackson.
Milton Silverman, San Diego, Cal., for David Cothran.
Frank Vecchione, San Diego, Cal., for James Knight, Charles Edmundo Jones.
Marvin Mizeur, San Diego, Cal., for Edward Kulbusauskas.
Mark Adams, San Diego, Cal., for John Slater, Gary Wooten.
Robert Grimes, San Diego, Cal., for Antinino Virgilio.
Robert Boyce, San Diego, Cal., for Richard Lyman Newman.
Terry Roden, Los Angeles, Cal., for Kevin Matouzzi.
Thomas Warwick, San Diego, Cal., for Robert Shine.
Floralynn Einesman, San Diego, Cal., for Rick Laskey.
Sandra Resnick, San Diego, Cal., for Dennis Elias.
Douglas Brown, San Diego, Cal., for John Rowles.
Thomas Penfield, San Diego, Cal., for Michael Dodson.
Charles McCutcheon, San Diego, Cal., for Wallace Bartlett.
Patrick Briggs, San Diego, Cal., for Carl Bettis.
Victor Sherman, Santa Monica, Cal., for Augustin Fernando Maurtua, Jorge Maurtua.
Robert Moore, Miami, Fla., for Jose Antonio Ledgard, Madonna Ledgard, Gonzalo Ledgard.
Juanita Brooks, San Diego, Cal., for Javier Laos.
James Pokorny, San Diego, Cal., for Raul Cabada.
Athena Shudde, San Diego, Cal., for Alexis Sarda-Lusich.
Lynn Ball, San Diego, Cal., for Miquel Quiroz.
Thomas Kelley, San Diego, Cal., for John Camacho.
Richard Williamson, San Diego, Cal., for Timothy Ditty.
Peter Giordano, San Diego, Cal., for Henry Jones-Balcazar.
George Hunt, San Diego, Cal., for Fred Samango.
MEMORANDUM DECISION AND ORDER
IRVING, District Judge.
Defendants' numerous motions to suppress evidence derived from electronic surveillance came on for hearing November 6 and 7, 1985 before the Honorable J. Lawrence Irving. Counsel appearances are listed in the official court minutes. Given the complexity of the case and the breadth of the issues raised, the court elected to take the motions under submission and set forth in writing the bases for each of its rulings.
Having considered the pleadings, oral argument of counsel and material submitted in camera, the court issues the following memorandum decision.
BACKGROUND
These are a series of motions by various defendants named in a 270-count, 402 page indictment filed March 21, 1985, charging them and others with conspiracy to possess cocaine with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and 846, possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1), aiding and abetting in violation of 18 U.S.C. § 2, conspiracy to collect extensions of credit by extortionate means in violation of 18 U.S.C. §§ 371 and 894, unlawful use of communication facilities in violation of 21 U.S.C. § 843(b), interstate and foreign travel in aid of racketeering in violation of 18 U.S.C. § 1952(a)(2), distribution of cocaine to a person under 21 years of age in violation of 21 U.S.C. §§ 845 and 841(a)(1) and continuing criminal enterprise in violation of 21 U.S.C. § 848. The charges center about an alleged large scale cocaine distribution organization headed by defendants Jose Omar Orozco, Augustin Fernando Maurtua and Jose Antonio Ledgard. The organization allegedly operates in San Diego and Los Angeles counties in California, Ketchum,
Evidence in this case derives from interceptions of defendants' wire and oral communications. Eleven court orders issued over a one-year period commencing February 21, 1984 authorized the interceptions. Defendants challenge the legality of the orders authorizing the interceptions, the sufficiency of the applications for the orders, and the procedures the government followed once interception had begun. To facilitate quick reference and to avoid confusion, the court will refer to each application and order by letter designation. The following lists the applications and orders challenged by defendants:
Application Issuing Phone and/or location
and Order Date Judge Intercepted
A 2/21/84 Enright Phone # (619)481-2673 (subscribed to by E
Kulbusauskas) and residence located at 13750
Ruette Le Parc, Apt. D, Del Mar, CA
B 4/10/84 Enright Phone # (619)756-2807 (subscribed to by F
Jackson) and residence located at 804 Val
Sereno, Encinitas, CA
C 6/6/84 Thompson Phone #s (619)756-2807 and (619)756-2814
(subscribed to by F. Jackson) located at 804
Val Sereno, Encinitas, CA
Phone # (619)436-6769 (subscribed to by J.
Kerr) located at 641 Melba Rd., Encinitas, CA
Phone # (619)481-8537 (subscribed to by B.
Barnhill) located at 237 No. Granados Ave.,
Solana Beach, CA
D 7/23/84 Thompson Phone #s (619)756-2807 and (619)756-2814
(subscribed to by F. Jackson) located at 804
Val Sereno, Encinitas, CA
Phone # (619)436-6769 (subscribed to by J.
Kerr) located at 641 Melba Rd., Encinitas, CA
Phone # (619)481-0359 (subscribed to by M.
Sullivan) located at 399 Bellaire, Del Mar, CA
Phone #s (619)239-2350, (619)239-5842,
(619)239-4737 and (619)239-4733 (subscribed
to by Conceptual Artists) located at 808
Imperial Ave., San Diego, CA
E 9/5/84 Thompson Phone # (619)438-8234 (subscribed to by D.
Ledgard) located at 6827 Luciernaga Ct.,
Carlsbad, CA
Phone # (619)436-6769 (subscribed to by J.
Kerr) located at 641 Melba Rd., Encinitas, CA
Phone # (619)481-0359 (subscribed to by M.
Sullivan) located at 399 Bellaire, Del Mar, CA
Phone # (619)753-7941 (subscribed to by T.
Pool) located at 1856 Wilstone Ave.,
Encinitas, CA
Phone #s (619)239-2350, (619)239-4733,
(619)239-4737, (619)239-5835 and (619)239-6647
(subscribed to by Conceptual Artists)
and business located at 808 Imperial Ave.,
San Diego, CA
630 F. Supp. 1431F 9/14/84 Thompson Phone # (619)226-1189 (subscribed to by T. Halley) located at 3374 Talbot, San Diego, CA G 10/16/84 Thompson Phone # (619)438-8234 (subscribed to by D. Ledgard) located at 6827 Luciernaga Ct., Carlsbad, CA Phone # (619)481-0359 (subscribed to by M. Sullivan) located at 399 Bellaire, Del Mar, CA Phone #s (619)239-4733, (619)239-2350, (619)239-4737, (619)239-5835 and (619)239-6647 (subscribed to by Conceptual Artists) and business located at 808 Imperial Ave., San Diego, CA H 11/11/84 Thompson Phone # (619)438-8234 (subscribed to by D. Ledgard) located at 6827 Luciernaga Ct., Carlsbad, CA Phone # (619)755-2872 (subscribed to by C. Jones) located at 1522 Camino Del Mar, #643, Del Mar, CA I 1/18/85 Ryan Phone # (208)726-7329 (subscribed to by G. Maurtua) located at 315 Sage Rd., Ketchum, Idaho J 2/15/85 Thompson Phone # (619)438-8234 (subscribed to by D. Ledgard) and residence located at 6827 Luciernaga Ct., Carlsbad, CA Phone # (619)481-5218 (subscribed to by C. Jones) located at 1552 Camino Del Mar, Del Mar, CA Phone # (619)438-3702 (subscribed to by D. Strauss) and residence located at 1935-C Estrella De Mar, Carlsbad, CA K 2/15/85 Eaton Phone # (305)854-8762 (subscribed to by J. Ledgard) located at 2131 Secoffee St., Miami, FL
FACTS
For purposes of these motions it is not necessary to review the entire factual history of the case. The motions require only a review of the facts as they are set forth in the wiretap applications. These are summarized below:
Application A
Application A includes the affidavit of FBI Special Agent, Michael P. Smith. Agent Smith's affidavit sets forth the genesis of the investigation in this case. The affidavit presents information obtained from two informants, Claude Phillips and Fred Robertson, Agent Smith's own observations as an undercover agent, information derived from a pen register authorized by Judge Thompson on January 5, 1984, and the later involvement of Vicki Robertson in cocaine purchases from James Knight. The investigation began in December of 1983, when Claude Phillips and Fred Robertson first provided information to the Drug Enforcement Administration (hereinafter "DEA") and Federal Bureau
On December 5, 1983, Fred Robertson decided to cooperate with the FBI and began providing information to Special Agent Charles B. Walker....
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People v. Murtha
...apply the good faith exception to allow the use of evidence gathered in violation of Title III. (United States v. Orozco (S.D.Cal.1986) 630 F.Supp. 1418, 1521-1522; County of Oakland v. City of Detroit (D.C.Mich.1984) 610 F.Supp. 364, 369, fn. 10; see also, United States v. Spadaccino (2d C......
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People v. Davis, No. C051803.
...sealed, the record could have been developed, factually, as to what sealing was done. (See United States v. Orozco (S.D.Cal. 1986) 630 F.Supp. 1418, 1534-1535 [in response to discovery motion regarding sealing, government submitted affidavit of FBI agent explaining the procedures used].) De......
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US v. Cheely, No. A92-073 Crim.
...that the calls could have no possible relation to the subject of the surveillance. Torres, 908 F.2d at 1423. In United States v. Orozco, 630 F.Supp. 1418, 1538-39 (S.D.Cal.1986), the court ordered an evidentiary hearing regarding a pattern of recording telephone calls between lovers discuss......
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US v. Ferrara, Crim. No. 89-289-WF.
...1968 Leg.Hist. at 2185; Scott v. United States, 436 U.S. 128, 139, 98 S.Ct. 1717, 1724, 56 L.Ed.2d 168 (1978); United States v. Orozco, 630 F.Supp. 1418, 1522 n. 9 (S.D.Cal.1986). At that time, there was no good faith or other exception to the judicially crafted exclusionary rule applicable......
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People v. Murtha
...apply the good faith exception to allow the use of evidence gathered in violation of Title III. (United States v. Orozco (S.D.Cal.1986) 630 F.Supp. 1418, 1521-1522; County of Oakland v. City of Detroit (D.C.Mich.1984) 610 F.Supp. 364, 369, fn. 10; see also, United States v. Spadaccino (2d C......
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People v. Davis, No. C051803.
...sealed, the record could have been developed, factually, as to what sealing was done. (See United States v. Orozco (S.D.Cal. 1986) 630 F.Supp. 1418, 1534-1535 [in response to discovery motion regarding sealing, government submitted affidavit of FBI agent explaining the procedures used].) De......
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US v. Cheely, No. A92-073 Crim.
...that the calls could have no possible relation to the subject of the surveillance. Torres, 908 F.2d at 1423. In United States v. Orozco, 630 F.Supp. 1418, 1538-39 (S.D.Cal.1986), the court ordered an evidentiary hearing regarding a pattern of recording telephone calls between lovers discuss......
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US v. Ferrara, Crim. No. 89-289-WF.
...1968 Leg.Hist. at 2185; Scott v. United States, 436 U.S. 128, 139, 98 S.Ct. 1717, 1724, 56 L.Ed.2d 168 (1978); United States v. Orozco, 630 F.Supp. 1418, 1522 n. 9 (S.D.Cal.1986). At that time, there was no good faith or other exception to the judicially crafted exclusionary rule applicable......