Is a witness before a federal grand jury entitled to a suppression hearing during the proceedings?

In In re Persico, 491 F.2d 1156 (2d Cir.), cert. denied, 419 U.S. 924, 95 S.Ct. 199, 42 L.Ed.2d 158, reh. denied, 419 U.S. 1060, 95 S.Ct. 645, 42 L.Ed.2d 657 (1974), we held that under 18 U.S.C. 2515 a witness before a federal grand jury is not entitled to a suppression hearing during the grand jury's proceedings unless (1) there is not a valid court order for the electronic surveillance, (2) the government concedes the surveillance is illegal, or (3) there is a prior judicial determination that the surveillance was illegal. Id., 1162. Section 2515 also applies to a witness before a state grand jury. United States v. Marion, 535 F.2d 697, 701 (2d Cir. 1976).

Langella relies on the first exception set out in Persico. At the December 19, 1972

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