The following excerpt is from U.S. v. Towne, 997 F.2d 537 (9th Cir. 1993):
In the first of these, United States v. Piver, 899 F.2d 881 (9th Cir.1990), appellant argued that the government had failed to preserve an accurate and complete account of the conversation between police officer and county judge that led to the issuance of a telephonic warrant. The conversation had been tape recorded, but the recording apparently lost. The federal district court file contained only a transcript of the recording. The district court considered the testimony of the officer who secured the warrant and the affidavit of the state judge who authorized it in finding that the transcription was "accurate" and "contemporaneous," and that there was therefore no constitutional violation. Id. at 883. This court considered the same evidence, and held that the district court's finding was not clearly erroneous. Id.
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