May the government obtain a wiretap to investigate whether an individual is a member of an alleged conspiracy, by relying in part upon evidence from the conspiracy and not pertaining to the individual in question, when the government otherwise would fail to establish necessity and probable cause to wiretap that individual?

QUESTIONS PRESENTED The federal government investigated an alleged drug trafficking conspiracy involving dozens of individuals, and then obtained judicial authorization to wiretap certain telephones. On one of those wiretaps, the government intercepted a single, brief telephone call involving Petitioner Charles Cheatham, whom the government had not previously identified as a subject of its investigation. The government then investigated Mr. Cheatham, but failed to establish any further active links between Mr. Cheatham and the alleged conspiracy. Nevertheless, the government sought and obtained a wiretap against Mr. Cheatham. In order to establish necessity and probable cause for that wiretap, the government’s affidavit relied in part on evidence derived from other persons allegedly involved in the conspiracy. This petition presents the following questions: 1. May the government obtain a wiretap to investigate whether an individual is a member of an alleged conspiracy, by relying in part upon evidence from the conspiracy and not pertaining to the individual in question, when the government otherwise would fail to establish necessity and probable cause to wiretap that individual? 2. Was the government’s confusing organization of its wiretap affidavit, which obscured the lack of necessity and probable cause for a wiretap of Petitioner, a “material misstatement or omission” in the affidavit, and/or did it effect an impermissible “transfer” of a showing of necessity from one telephone to another? ii