UNITED STATES v. IPPOLITO

No. 84-5257.

774 F.2d 1482 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. Louis John IPPOLITO, Michael Contino, Irving Schwartz, William Darnold, Lawrence Miller, Thomas Arrants, and Arthur Joseph Natoli, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 29, 1985.


Attorney(s) appearing for the Case

James Henderson, Richard Small, Dept. of Justice, Los Angeles, Cal., for plaintiff-appellant.

Richard Sherman, Los Angeles, Cal., James Twitty, Beverly Hills, Cal., Arthur Mabry, Harland Braun, Samuel Jackson, Jackson & Wikle, Los Angeles, Cal., Milton E. Grusmark, Miami, Fla., for defendants-appellees.

Before GOODWIN, FLETCHER and PREGERSON, Circuit Judges.


FLETCHER, Circuit Judge:

The United States appeals from the district court's suppression of information gained through wiretaps. The district court relied on Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), to hold that false and misleading information in government affidavits concerning the necessity of the wiretaps required suppression of the information derived from the wiretaps. We affirm.

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