What is the test for a motion to suppress evidence obtained through electronic surveillance?
MultiRegion, United States of America
The following excerpt is from United States v. Lara-Caneda, Case No. 10CR3254-BTM (S.D. Cal. 2012):
A defendant may move to suppress evidence obtained through electronic surveillance "only if his privacy was actually invaded; that is, if he was a participant in an intercepted conversation, or if such conversation occurred on his premises." 18 U.S.C. 2518(10)(a) and 2510(11); United States v. King, 478 F.2d 494, 506 (9th Cir. 1973) (citing Alderman v. United States, 394 U.S. 165, 176 (1969)).
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