Daniela Castellanos v. United States
FourthAmendment CriminalProcedure Privacy
Whether the facts required to establish probable cause include conclusions and opinions of the officer applying for the wiretap warrant
QUESTION PRESENTED FOR REVIEW 18 U.S.C. § 2518, passed by Congress in 1968, prescribes specific procedures for obtaining a wiretap on suspect telephones. These specific procedures were designed to protect against the significant invasion of privacy unique to wiretapping. The questions presented for review are: 1. Whether the facts required to establish probable cause, Illinois v. Gates, 462 U.S., 238, 103 S. Ct. 2317 (1983), include conclusions and opinions of the officer applying for the wiretap warrant. 2. What is required to show why other investigative procedures, short of wiretapping, have been tried and failed or would be unlikely to succeed or be too dangerous. i