In a civil action brought by the Department of Justice against the State Department for obtaining public utility records from a private utility provider, can the records be considered as evidence of probable cause?

Second, Cole contends that the public utility records cannot be considered as evidence of probable cause because the police violated state law in obtaining them. In addition, he argues that the records were speculative and of little probative value. Evidence obtained in violation of state law but in compliance with federal law is admissible in federal court regardless of whether it was uncovered by federal officials acting in concert with state officials or by state officials acting on their own. United States v. Chavez-Vernaza, 844 F.2d 1368, 1372-74 (9th Cir.1987). Cole does not argue that the records were obtained in violation of any federal constitutional or statutory provision. Thus, the records are admissible even if the police violated state law in obtaining them.