United States v. WARRANT AUTHORIZING, ETC.
Citation | 521 F. Supp. 190 |
Decision Date | 12 August 1981 |
Docket Number | No. M81-18.,M81-18. |
Parties | UNITED STATES of America v. In the Matter of a WARRANT AUTHORIZING the INTERCEPTION OF ORAL COMMUNICATIONS WITHIN the PREMISES KNOWN AS the GROUND FLOOR OF 165 ATWELLS AVENUE, PROVIDENCE, RHODE ISLAND. |
Court | United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of New Hampshire |
James H. Leavey, Sp. Asst. Atty. Gen., U. S. Dept. of Justice, Providence, R. I., for defendant.
Mark B. Gombiner, C. Vernon Mason, New York City, Nat. Conference of Black Lawyers, Robert A. Stein, Concord, N. H., for plaintiff.
ORDER ON MOTION FOR INSPECTION PURSUANT TO 18 U.S.C. § 2518(8)(d)
The caption of this case is misleading for the purposes of this order. The movants are hereinafter referred to as the plaintiffs and the United States of America as defendant in order to avoid confusion. The plaintiffs request the court pursuant to 18 U.S.C. § 2518(8)(d) to make available to them or their counsel for inspection copies of the application for an order pursuant to 18 U.S.C. § 2518 authorizing the interception of oral communications within premises known as the ground floor of 165 Atwells Avenue, Providence, Rhode Island and the order authorizing said interception by Chief Judge Raymond J. Pettine of the United States District Court for the District of Rhode Island dated July 11, 1980. Chief Judge Raymond J. Pettine and Judge Francis J. Boyle have recused themselves and the case has been transferred to the United States District Court for the District of New Hampshire. See order of Frederick R. DeCesaris, United States Magistrate, District of Rhode Island, dated July 2, 1981.
Counsel for defendant voluntarily agreed at a court hearing on July 22, 1981 to furnish copies to plaintiffs' counsel and they received same.
In addition plaintiffs request all applications for extension of time of service of the inventory, any orders, relative thereto, all records, documents, logs, transcripts, tapes, memoranda or other memorializations of the interception of any oral communications pursuant to Chief Judge Raymond J. Pettine's order of July 11, 1980. The defendant opposes plaintiffs' requests for inspection.
Some of the factors are uncontroverted. The application for an order authorizing the interception of oral communications was signed by a Special Agent of the Federal Bureau of Investigation on July 11, 1980. The order authorizing interception or oral communications was signed the same day by Chief Judge Raymond J. Pettine.
It was not until May 29, 1981 that plaintiffs, John F. Ouimette and Dante Sciaria received notice from James H. Leavey, Special Attorney, United States Department of Justice of the following. A copy of form letter is excerpted.
Attorney Vincent Oddo of Providence, Rhode Island was the only witness who testified. He graduated from law school in 1980 and was admitted to the bar of the State of Rhode Island in November, 1980. He is associated with Attorney John F. Cicilline in the general practice of law at 165 Atwells Avenue, Providence, Rhode Island.
Attorney Oddo was not at the law offices during the period of the interception of the oral communications.
On June 2, 1981 two or three letters similar to the Ouimette and Sciaria letters were delivered to him between 10 and 11 A.M.
An agreement was made between representatives of the Federal Bureau of Investigation and Attorney Cicilline that thirty letters more or less would be delivered the following day, June 3, 1981 to clients who, to use the vernacular whose communications had been bugged during the intercept period.
A half hour prior to the meeting with the clients on June 3, 1981 Attorney Oddo noticed representatives of Channel 10, a local television station in Providence, Rhode Island who were outside the law offices. Inquiry revealed that they were there to televise the clients as they arrived. When informed of this Attorney Cicilline called the meeting off.
Attorney Oddo also testified concerning the demoralizing effect these events had on the law offices.
The court addresses in the first instance the constitutionality of Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. §§ 2510-20. Reference is made to United States v. Turner, 528 F.2d 143, 158, 159 (9th Cir. 1975). Certiorari Denied December 1, 1975. See 423 U.S. 996, 96 S.Ct. 426, 46 L.Ed.2d 371. In this case, the appellants argued that, Title III "on its face" permits an invasion of home and office by general warrant, contrary to the command of the Fourth Amendment and the penumbral right of privacy cast by several amendments.
The First Circuit apparently has not passed on the constitutionality of Title III. This court follows the weight of authority as enumerated in United States v. Turner, supra.
Plaintiffs also contend that authorization orders from the office of Attorney General were not proper. The Ninth Circuit answered this question in United States v. Jabara, 618 F.2d 1319, 1327 (9th Cir. 1980).
An individual or his or her counsel may request for their inspection upon filing a motion, such portions of the intercepted communications, applications and orders as the judge determines to be in the interest of justice. 18 U.S.C. § 2518(8)(d).
The United States District Court for the Eastern District of Louisiana in the case of In the Matter of the Application For An Order Authorizing Interception of Wire and Oral Communications, a 1980 case reported in 495 F.Supp. 282 was presented with a somewhat analogous situation as evidenced in this case.
The movants in that case filed a motion to inspect an application and order authorizing interception of wire and oral communications and to inspect recordings and transcripts of intercepted communications. The government opposed the motion on the basis that mover was not entitled to disclosure of the material sought and that such disclosure would severely compromise an ongoing grand jury investigation.
The court at page 284 stated.
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 242 (1979).
In response to the court's inquiry counsel for the defendant stated that the Grand Jury investigation of the matters involved in this litigation should be completed by November, 1981 less...
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...is asserted in the affidavit concerning many persons against whom no indictments have been handed down. In United States v. Warrant Authorizing, Etc., 521 F.Supp. 190 (D.N.H.1981), the court characterized the application in question as "a detailed, prolix sixty-four page document reciting a......
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APPLICATION OF UNITED STATES FOR AN ORDER, ETC.
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