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BOVA v. UNITED STATES

No. 793, Docket 72-1367.

460 F.2d 404 (1972)

Application of Andrew T. BOVA et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided April 28, 1972.

Attorney(s) appearing for the Case

Salten Rodenberg, Buffalo, N. Y., for appellants.

Robert C. Stewart, Atty., U. S. Dept. of Justice (C. Donald O'Conner, Acting U. S. Atty., W. D. N. Y., and Martin D. Boudreau, Atty., U. S. Dept. of Justice, of counsel), for appellee.

Before FRIENDLY, Chief Judge, and SMITH and OAKES, Circuit Judges.

FRIENDLY, Chief Judge:

By two orders in the spring of 1971, pursuant to 18 U.S.C. § 2518(3), the District Court for the Western District of New York authorized the tapping of certain telephones, not on premises occupied by the appellants, Bova, Carbone and Divizio (hereinafter "the witnesses"), on the basis of applications by the United States showing probable cause to believe that the premises were being used for the conduct of a gambling business prohibited...

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