Special Agent Terra further indicates that CI-6 personally knows the individuals distributing methamphetamine, and that information gathered from pen registers corroborates CI-6's contacts with VanBrocklin during the period in question. Coolidge v. New Hampshire, 403 U.S. 443, 467, 91 S. Ct. 2022, 29 L. Ed. Id. Where, as here, the adequacy of the government's minimization effort is challenged, the government has the burden of proving proper minimization. Terra's affidavit also provides a detailed record of arrests and convictions of some members of the Sons of Silence. CI-6 admitted to purchasing two and one-half ounces of methamphetamine from Sons of Silence member Jerry VanBrocklin in April and May 1993. A search of Sons of Silence member David Fairchild's residence resulted in the seizure of a large sum of cash and drug paraphernalia.
2d 665 (1991). denied, ___ U.S. ____, 118 S. Ct. 165, 139 L. Ed. Therefore, the court concludes even if Special Agent Terra had included Pendarvis's membership in the Sons of Silence in the wiretap application, sufficient evidence to meet the necessity requirement existed in this case, and this aspect of defendant Gruber's motion is also denied. U.S.
On October 25, 1993, Source Five stated that Gruber had recently returned from Tennessee where he had arranged for the purchase of fifty pounds of methamphetamine. Furthermore, one individual committed suicide shortly after being contacted about cooperating in the investigation, and another individual, who was offered immunity, chose to accept a lengthy prison sentence instead of cooperation. On September 1, 1993, VanBrocklin and Cynthia Laughlin and Rick E. Schultz were arrested on drug and weapon charges in Tangipahoa Parish, Louisiana.
United States v. Garcia, 785 F.2d 214, 224 (8th Cir. ง 2518(3) (d). Terra's affidavit reveals that Source Five provided information to the Federal Drug Task Force in September 1993 that Source Four told Source Five that he was getting his methamphetamine from "the Number 2 man in the Sons of Silence." The affidavit reveals that Source Two has provided drug information to the Federal Drug Task Force in Waterloo, Iowa, "on numerous occasions beginning in 1988."
Defendant Gruber subsequently filed a supplemental memorandum which raised for the first time the issue of whether the affidavit used to obtain the wiretaps in this case contains intentional misstatements, and requested an evidentiary hearing pursuant to Franks v. Delaware, 438 U.S. 154, 98 S. Ct. 2674, 57 L. Ed. 2d 581 (1989). As was pointed out above, the law in this circuit is clear that the requirements of section 2518 were not intended to turn electronic surveillance into a tool of last resort. ), cert. One of the confidential informants identified Gruber as the "money man" of the organization.
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