United States v. Gerard Wagner, Michael Canale Tammie Canale Thomas Brewer Donald Howard Shawna O'Leary Leo Talback Arthur Villa and David Keays

WALKER, Circuit Judge:

This is an interlocutory appeal by the United States, pursuant to 18 U.S.C. §§ 2518(10)(b) and 3731, of an order of the United States District Court for the Northern District of New York (Con. G. Cholakis, Judge) dated January 23, 1992, suppressing the fruits of a wiretap on the telephone of Defendant Michael Canale (hereinafter “Canale”) and a search of Defendant Shawna O’Leary’s home.

On April 8, 1991, Judge Cholakis authorized the wiretap pursuant to 18 U.S.C. § 2518. The O’Leary search warrant was issued by United States Magistrate Ralph W. Smith, Jr. on May 3, 1991.…