# United States v. Anthony Joseph Acon

> Court of Appeals for the Third Circuit · March 6, 1975 · 513 F.2d 513

URL: https://www.frixlaw.com/law-library/cases/9461603

## Case

- **Full name:** UNITED STATES of America, Appellant, v. Anthony Joseph ACON Et Al., Appellees
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** March 6, 1975
- **Citations:** 513 F.2d 513
- **Precedential status:** Published
- **Opinion:** Concurrence by Adams
- **Judges:** III, Aldisert, Adams, Hunter
- **Cited by:** 29 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9461603

## How later opinions describe it (automated extraction)

- concluding that the name of the authorizing official was “not as likely” to affect the judicial determination of whether to approve an application for an intercept than the determination of the facts, such as probable cause
- concluding that suppression was not required for violating Section 2518(4)(d) because the facts as they actually existed showed substantial compliance with the statute

## Opinion text

ADAMS, Circuit Judge
(concurring):
I concur in the result reached by the majority.
Like Judge Hunter, I conclude that evidence derived from a court-approved wiretap may not be suppressed under 18 U.S.C. § 2518 (10)(a)(ii) where, as here, the wiretap has in fact been authorized by a Justice Department official empowered to do so under 18 U.S.C. § 2516 (1), and the only defect in the authorization procedure is in the identification of the authorizing officer.
Since the then Attorney General authorized the challenged wiretaps, I find it unnecessary to decide the further legal question whether an Acting Assistant Attorney General is “responsive to the political process” 1 and thus empowered by 28 U.S.C. § 2516 (1) to authorize wiretaps.
. United States v. Giordano, 416 U.S. 505, 520 , 94 S.Ct. 1820 , 40 L.Ed.2d 341 (1974).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9461603. Public record. Not legal advice.