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N.D.Ill.: SW was ineffective investigative device, justifying wiretap

By John Wesley Hall, Jr.

In a wiretapping case, the diverse places that defendant stored drugs made the use of a search warrant ineffective as an investigative device because only a small part of his stash would be recovered, and the execution of warrants would blow their cover and cause the rest to disappear. This was necessity for a wiretap. United States v. Stewart, 2010 U.S. Dist. LEXIS 64720 (N.D. Ill. June 29, 2010)*: Sixth, Agent Biegalski avers that the use of search warrants would have been ineffective and compromised the investigation. (See Biegalski Aff. PP 65-68.) Because Defendants stored contraband in multiple locations, many of which were unknown to the Government, any seizure would have represented just a fraction of the drugs and money in Defendants' possession...continue to full post

Full post as published by Fourth Amendment on July 02, 2010 (boomark / email).