Whether the 8th Circuit erred in affirming the denial of wiretap evidence and the refusal to provide a theory of defense instruction

QUESTION PRESENTED 1. Whether the 8" Circuit erred by affirming the district court’s denial of Page’s MTS wiretap evidence because the necessary probable cause under 18 USC Section 2518(3)(a) and (b) was lacking the minimization requirement under 18 USC Section 2518(5) was not met, and the necessity requirements of 18 USC Section 2518(3)(c) were not complied with. 2. Whether the 8" Circuit erred by affirming the trial court’s refusal to provide Page with a theory of defense instruction because its decision conflicts with decisions by the Supreme Court and other United States Courts of Appeals who have addressed the issue of when a theory of defense instruction is required.