United States v. McLee’s Empirical Analysis
436 F.3d 751 · 2006
Citation profile
41 federal appellate · 1 district · 4 state decisions
Relationships
Applies 18 U.S.C. § 2518 (Electronic Communications Privacy Act of 1986) · 18 U.S.C. § 924 · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act)
Relies on United States v. Booker · Delaware v. Van Arsdall · Pinkerton v. United States · United States v. Giordano · United States v. Paladino
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The rule in this circuit is that the government's burden of establishing compliance with § 2518(1)(c)"is not great," and that the requirement of exhausting "other investigative procedures" prior to obtaining a wiretap is "reviewed in a practical and common-sense fashion." To receive a wiretap order, the government need not demonstrate that prosecution would be impossible without it or that evidence possibly sufficient for indictment could not conceivably be obtained through other means. We have upheld the "necessity" of wiretap orders on the basis that investigators were "having trouble fingering other members of the conspiracy," and that the wiretaps "allowed the government to ascertain the extent and structure of the conspiracy."”
1 later decision quote this exact passage · from the majority“[t]his section of the statute was not intended to ensure that wiretaps are used only as a last resort in an investigation, but rather that they are not to be routinely employed as the initial step in a criminal investigation.”
1 later decision quote this exact passage · from the majority“each conspirator is responsible not only for drug quantities directly attributable to him but also for amounts involved in transactions by coconspirators that were reasonably foreseeable to him.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.