Markentz Blanc v. United States
FourthAmendment DueProcess CriminalProcedure Privacy
Whether the Eleventh Circuit erred in affirming the district court's rulings on the flight instructions, the necessity requirement for the wiretap, and the appellate court's fact-finding review
QUESTION(S) PRESENTED I. Did the Eleventh circuit's panels conclusion that the District , court did not err in allowing the flight instructions be brought to the jury as it was prejudicial and failed to satisfy the elements needed to support the flight instructions, and in conflict with the 11th circuits prior decisions on the same results? . II. Did the 11th circuit panel erred in affirming and concluding the District courts finding that the government met the necessity requirement to obtain the wiretap, and did not make any materi; al false statements or misleading omissions, despite contradicting testimony made by the agents where the determination was made in reliance of such testimony and the government possessed | no other overwhelming evidence to proceed to trial? III. Did the 11th circuit erred in conducting a fact-finding "review, to solely deny the petitioners appeal on grounds never raised by the government and the record supports, as the government never raised nor expressed concerns of tracking the drug deliveries, and other circuits and this Court has held that Court of Appeals duties are to review for plain and clear error and violation to follow standard law and not to conduct fact-finding in the record? ; viii ;