United States v. Michael Carey

OPINION

GOULD, Circuit Judge:

Dissent by Judge Kozinski Acting pursuant to the Wiretap Act, 18 U.S.C. §§ 2510-22, federal agents secured a wiretap order for a San Diego phone number based on evidence that Ignacio Escamilla Estrada (Escamilla) was using the number in a drug smuggling and distribution conspiracy. Agents monitoring the wiretap overheard drug-related phone conversations. At some point during a seven-day period, the agents realized that Escamilla was not using the phone. Agents continued listening, however, believing at least initially that the people speaking on the phone might…