United States District Court, N.D. Iowa, Eastern Division
ORDER
LINDA
R. READE, JUDGE
TABLE
OF CONTENTS
I.
INTRODUCTION .......................................1
II.
RELEVANT PROCEDURAL BACKGROUND ....................2
III.
STANDARD OF REVIEW .................................2
IV.
RELEVANT FACTUAL BACKGROUND ........................3
V.ANALYSIS
............................................6
A.
Necessity Requirement ................................ 7
B. Leon
Good-Faith Exception ........................... 10
VI.
DISPOSITION ........................................ 10
I.
INTRODUCTION
The
matter before the court is Defendant William Marcellus
Campbell's Objections (docket no. 145) to United States
Chief Magistrate Judge C.J. Williams's Report and
Recommendation (docket no. 135), which recommends that the
court deny Defendant's Motion to Suppress Evidence
(“Motion”) (docket no. 117).
II.
RELEVANT PROCEDURAL BACKGROUND
On July
10, 2017, a grand jury returned an Indictment[1] (docket no. 8)
charging Defendant with one count of conspiracy to distribute
cocaine base, in violation of 21 U.S.C. §§
841(a)(1), 841(b)(1)(A) and 846, and two counts of
distribution of cocaine base, in violation of 21 U.S.C.
§§ 841(a)(1) and 841(c)(1)(C). See
Indictment at 2-3, 5, 8. On December 26, 2017, Defendant
filed the Motion. On January 2, 2018, the government filed a
Resistance (docket no. 127). On January 17, 2018, Judge
Williams held a hearing (“Hearing”) on the
Motion. See January 17, 2018 Minute Entry (docket
no. 131). Defendant appeared in court with his attorney,
Clemens Erdahl. Assistant United States Attorney Emily Nydle
represented the government. The Hearing on the issues raised
in the Motion was very brief. The Magistrate Judge relied on
the information within the four corners of the application
for a Title III wiretap order
(“Application”)[2] (docket no. 127-1) ...