What are the findings of a judge's finding that the affidavit in support of an application for a wiretap was not supported by probable cause and was stale?

MultiRegion, United States of America

The following excerpt is from U.S. v. Wagner, 989 F.2d 69 (2nd Cir. 1993):

In his January 23, 1992 suppression order, Judge Cholakis concluded that the affidavit in support of the application for authorization of interception of wire communications (the "Wiretap Affidavit") was not supported by probable cause, and that the affidavit submitted with the application for the search warrant (the "Search Warrant Affidavit") failed to establish probable cause and was stale. The government, in its appeal from this order, maintains that the two affidavits did establish probable cause, that the search warrant was not stale, and that officers conducting the search and the agents executing the wiretap acted in good faith reliance on the search warrant and the authorization of the wiretap. We denied an earlier motion by the defendants to dismiss the appeal. See Canale v. United States, 969 F.2d 13 (2d Cir.1992).

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