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· 10/11/2002

United States v. John P. McGuire United States of America v. Cherlyn Petersen

Citations

  • 307 F.3d 1192
  • 2002 Daily Journal DAR 11961
  • 2002 Cal. Daily Op. Serv. 10355
  • 2002 U.S. App. LEXIS 21247

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that necessity exists if the government is having difficulty identifying all of the conspiracy members
  • noting that the government is “entitled to more leeway in its investigative methods” in conspiracy investigations
  • defining “effective case” as “evidence of guilt beyond a reasonable doubt”
  • upholding a wiretap order without requiring exhaustion of traditional investigative tools due to the “grave dangers” involved with any such effort because of the target “group’s known violent propensity and undisputed possession of assault weapons”
  • \Not only common sense but also our precedent confirms that the existence of informants and undercover agents does not preclude a necessity finding.\
  • “[If] the issuing court … directs that final sealing shall occur in the future, and the government complies with that direction,” then “[t]here would be no ‘delay’ in sealing … under Title III.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hawkins, Gould, Ware

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.