United States v. Gary Baranek

RALPH B. GUY, Jr., Circuit Judge.

This appeal presents the issue whether a conversation overheard on a telephone that is the subject of a Title III wiretap should be suppressed when, at the time of the interception, the telephone was inadvertently off the hook and not in use. The district court concluded that the defendant’s motion to suppress should be granted. We disagree and reverse.

I

On March 2, 1988, the district judge entered a Title III1 order authorizing the interception of wire communications over a telephone located at the residence of code-fendant Patricia Borch. During the course of…