[RGSpincich]

Morning Rb.
With regard to the wire intercepts, below is the section Geragos refers to. He says the section states that LE must cease to intercept immediately upon determining that the call is privileged. The section states that LE must cease for a period of 2 minutes then may resume for 30 seconds. This procedure can continue until the call is no longer privileged or the communication ends.

I read the court docs on the wire intercepts and it seems that MPD did exactly what is cited in the section. MPD informed the overseeing about the privileged intercepts. Eventually the judge ordered MPD to cease completely and immediately upon determining that the calls were from/to McAllister or the PI. MPD complied and they did meter previous calls in compliance with 629.80.

***629.80. No otherwise privileged communication intercepted in
accordance with, or in violation of, the provisions of this chapter
shall lose its privileged character. When a peace officer or federal
law enforcement officer, while engaged in intercepting wire,
electronic pager, or electronic cellular telephone communications in
the manner authorized by this chapter, intercepts wire, electronic
pager, or electronic cellular telephone communications that are of a
privileged nature he or she shall immediately cease the interception
for at least two minutes. After a period of at least two minutes,
interception may be resumed for up to 30 seconds during which time
the officer shall determine if the nature of the communication is
still privileged. If still of a privileged nature, the officer shall
again cease interception for at least two minutes, after which the
officer may again resume interception for up to 30 seconds to
redetermine the nature of the communication. The officer shall
continue to go online and offline in this manner until the time that
the communication is no longer privileged or the communication ends.
The recording device shall be metered so as to authenticate upon
review that interruptions occurred as set forth in this chapter.***

[runningbear]

May have already been said, but I think MG is doing all he can think of and do, grasping at anything that may fly to a stupid judge and hope he gets the 9th circuit appeals flavor mentality....;o)

I read his 12 pages of why?....and he, MG is blowing steam..... ;o)(but just maybe one or two taps might be excluded...lol..)

[runningbear]

Did ya hear on the shoes, the missing shoes? Someone has a pair of Laci's shoes, and that now will lead to the "real killers"....lol.. Is there anything these clowns can't think of next to dazzle the public?

[Devil_Anse]

Yes, and so they're entitled to make those spot checks they made? But the supervising judge apparently told them he was uncomfortable with spot checks. So they stopped making them. They'd only made a few 6-second checks anyway. But the law said they could have made them. Sounds like the judge was burdening them beyond what the law required.