Legal Opinion
United States v. Lilla
Court of Appeals for the Second Circuit
Decided January 27, 1983No. Nos. 404, 382-87, 391, 394, 461, Dockets 82-1210, 82-1212, 82-1214, 82-1216, 82-1218, 82-1220, 82-1222, 82-1224, 82-1226, 82-1260PublishedCited by 40 opinions
1Opinion of the Court
OAKES, Circuit Judge:
This appeal presents the issue whether the affidavit of a New York state trooper applying for an eavesdropping warrant provided sufficient information that normal investigative procedures reasonably appeared unlikely to succeed if tried. We hold that the affidavit was insufficient under both N.Y.Crim.Proc.Law §§ 700.15(4) and 700.-20(2), (3), as well as 18 U.S.C. § 2518(l)(c), and, with one exception, reverse the appellants’ convictions, based on guilty pleas with reservations of rights for certain drug offenses,1 by the United States District Court for the Northern…
2Cases cited26 opinions
- Roviaro v. United StatesSupreme Court of the United States · 1957
- Smith v. MarylandSupreme Court of the United States · 1979
- Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
- United States v. GiordanoSupreme Court of the United States · 1974
- United States v. KahnSupreme Court of the United States · 1974
21 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- United States v. TorresCourt of Appeals for the Second Circuit · 1990
- United States v. FeolaDistrict Court, S.D. New York · 1987
- United States v. MillerCourt of Appeals for the Second Circuit · 1997
- United States v. PersicoDistrict Court, S.D. New York · 1985
- United States v. Joaquin Emilio Mesa-Rincon, United States of America v. Peter Scott StoppeCourt of Appeals for the Tenth Circuit · 1990
35 more not listed; retrieve them via the Exa API.