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Criminal Law

: Fourth Circuit Blog

ID of Authorizing Officer in Title III Affidavit Enough, Even Though Not In Orders

By Jonathan Byrne

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US v. Brunson:Brunson was charged with multiple offenses arising from a drug conspiracy in South Carolina. Much of the evidence leading to those charges, and presented at trial, came from a series of wiretaps authorized under Title III of the Omnibus Crime Control and Safe Streets Act of 1968. Each order was the same ? the applications for the orders were made in the names of particular Assistant Attorney Generals, but the resulting orders did not name them. However, the applications were incorporated by reference. Brunson sought suppression of the wiretap evidence, arguing that Title III requires the ?identity . . . of the person authorizing the application? be on the order. The district court denied the motion and Brunson was convicted at trial...continue to full post

Full post as published by Fourth Circuit Blog on August 31, 2020 (boomark / email).

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