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United States v. Alfaro

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA CRIMINAL DIVISION


October 6, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOSE ALFARO, ET AL., DEFENDANTS.

The opinion of the court was delivered by: The Honorable Manuel Real United States District Judge

ORDER DENYING DEFENDANTS' MOTION TO SUPPRESS EVIDENCE DERIVED FROM WIRETAP ISSUED WITHOUT PROBABLE CAUSE AND FINDINGS THERETO

Having heard from plaintiff, the United States of America, by and through its counsel of record, the United States Attorney for the Central District of California, and defendant ALEX SANCHEZ, by and through the authorized representative of his counsel of record, Kerry Bensinger, at a hearing held before this Court on September 16, 2010, and good cause appearing, the Court hereby FINDS AS FOLLOWS

1. The Court read and considered Alex Sanchez's Motion to Suppress Evidence Derived from Wiretap Issued Without Probable Cause filed on July 30, 2010, the government's opposition, and defendants' reply thereto.

2. On September 16, 2010, this Court held a hearing on the motion. Defendant appeared in person with his counsel of record. After hearing argument from the parties, the Court denied defendant's Motion to Suppress. The Court's review of the authorizing judge's determination that probable cause is deferential. United States v. Lynch, 367 F.3rd 1148 (9th Cir. 2004). The affidavit provided sufficient facts for the authorizing judges to conclude that there is a fair probability that Mario Ernesto Osorio and Reynaldo Martinez Mejia would participate in conversations over the indicated telephone lines regarding the subject criminal offenses.

THEREFORE, FOR GOOD CAUSE SHOWN:

IT IS HEREBY ORDERED that defendant Alex Sanchez's Motion to Suppress Evidence Derived from Wiretap Issued Without Probable Cause is denied.

IT IS SO ORDERED.

20101006

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