UNITED STATES v. FINAZZO

No. 77-5186.

583 F.2d 837 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. Salvatore FINAZZO, Dominic J. Licavoli, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 28, 1978.


Attorney(s) appearing for the Case

James K. Robinson, U. S. Atty., Detroit, Mich., John L. Newcomer, Sp. Atty., Detroit Strike Force, U. S. Dept. of Justice, Detroit, Mich., for plaintiff-appellant.

Ivan E. Barris, Michael H. Golob, Barris & Crehan, Detroit, Mich., for Finazzo.

S. Allen Early, Jr., Detroit, Mich., for Licavoli.

Before CELEBREZZE and MERRITT, Circuit Judges, and CECIL, Senior Circuit Judge.


MERRITT, Circuit Judge.

Under the 1968 eavesdropping statute,1 the FBI secured an interception order from a federal judge, and on the basis of incriminating evidence obtained from overhearing the defendant Finazzo's conversations at his office, the government charged him with a federal offense. The government appeals from a decision by Judge Damon Keith suppressing all the evidence obtained from electronic eavesdropping devices which FBI...

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