The judge asked for a brief on a standing issue– whether there had to be probable cause only as to, say, Patterson when the wiretap of his phone was put in place, or whether there had to be probable cause as to the three defendants. I think the answer to this question has to be “only as to Patterson”. The judge also asked Keker and the government to list the facts that were not in the affidavit and the misrepresentations (what the government will say about that other than “none” is not clear to me). These are due Monday.
FOLO
2/20/8
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