United States v. Raymond D. Masciarelli and Lawrence Schultz

MANSFIELD, Circuit Judge:

Pursuant to an order of authorization issued under 18 U.S.C. § 2518 by Judge Edmund Port of the Northern District of New York, the F.B.I., from April 11 through April 25, 1974, wiretapped a telephone used by appellee Raymond D. Masciarelli in Bing-hampton, New York. The order, designated MP-16, stated that there was probable cause to believe that the phone was being used “in violation of Article 225 of the Penal Law of the State of New York and thereby in violation of Section 1955 of Title 18” 1 and in violation of the conspiracy statute, 18 U.S.C. § 371. MP-16…