O'Hara v. People

{1 In this case, we interpret Colorado's wiretapping statute, which permits a judge to issue an ex parte order approving a wiretap only "upon application of the attorney general or a district attorney." § 16-15-102(1)(a), C.R.S. (2006). Defendant-Petitioner, Thomas Lynn O'Hara, III, was convicted of distribution of a schedule II controlled substance, adjudicated a habitual criminal, and sentenced to ninety-six years in the Department of Corrections. Prior to trial, O'Hara moved unsuccessfully to suppress the State's wiretap evidence against him, contending, among other things, that the…