The following excerpt is from United States v. Brettschneider, 19-2423-cr, 19-3164-cr (2nd Cir. 2020):
those communications is permissible provided a subsequent application made to a judge of competent jurisdiction demonstrates the good faith of the original application." United States v. Goffer, 721 F.3d 113, 122-23 (2d Cir. 2013) (internal quotation marks and alterations omitted); see also 18 U.S.C. 2517(5). Such incidentally discovered criminal activity need not be among the crimes enumerated in 2516. See Doe v. United States (In re Grand Jury Subpoena), 889 F.2d 384, 387 (2d Cir. 1989). Moreover, 18 U.S.C. 2517(5) provides that law enforcement may use incidentally captured communication provided the original application was made in good faith if the issuing judge is notified of the communications "as soon as practicable," 18 U.S.C. 2517(5), and federal -- not state -- law governs the use of a state-issued wiretap warrant in a federal case, see United States v. Amanuel, 615 F.3d 117, 122 (2d Cir. 2010).
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