Application of Andrew T. Bova v. United States

FRIENDLY, Chief Judge:

By two orders in the spring of 1971, pursuant to 18 U.S.C. § 2518(3), the District Court for the Western District of New York authorized the tapping of certain telephones, not on premises occupied by the appellants, Bova, Carbone and Divizio (hereinafter “the witnesses”), on the basis of applications by the United States showing probable cause to believe that the premises were being used for the conduct of a gambling business prohibited by 18 U.S.C. § 1955. The taps yielded, among other things, conversations of the three appellants. They were later subpoenaed to testify…