# Appendix — United States v. Chavez > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386414_0276%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1974 - **Citation:** 416 U.S. 562 ## Text OCTOBER TERM, 1973 No. 72-1319 UNITED STATES OF AMERICA, —v.— ON WRIT OF CERTIORARI TO THE Supreme Court of the United States UMBERTO JOSE CHAVEZ, ET AL. Petitioner, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT INDEX Relevant docket entries Letter of authorization Wiretap application of February 17, 19711 on „* „ 7 — of Special Agent Berretta of February 18, 5. Order authorizing interception of wire communications of February 18, 1971 6 Order authorizing use of pen register or touch tones decoders of February 18, 1971 7. Wiretap application of February 25, 1971 8. Letter of authorization 9. 8 of Special Agent Beretta of February 25, 10. Order authorizing interception of wire communications of February 25, 1971 II. Order authorizing use of pen register or touch tone . decoder of February 25, 1971 8 8 8 SRE 8 12. Indictment 18. Motion to suppress wiretap evidence of April 13, 1972__ 14. Affidavit of Sol Lindenbaum of February 9, 1972 15. Affidavit of Harold P. Shapiro of February 9, 1972 16. Affidavit of Henry E. Petersen of February 10, 1972 17. Affidavit of John N. Mitchell of April 20, 1972 18. Affidavit of Philip T. White of June 2, 197222 19. Affidavit of Carl LoPresti of June 5, 1972 20. Memorandum and order of the district court of May 30, 1972 21. Order granting certiorari 8 S 8 8 N 2 88 2 wal 1 CRIMINAL DOCKET UNITED STATES DISTRICT COURT CR-71-406 SAW THE UNITED STATES vs. UMBERTO JOSE CHAVEZ aka PELON IRENE CHAVEZ J AMES FERNANDEZ ANN FERNANDEZ OLIVIA MIRAMONTES aka OLIVIA MONTES JESSE BUSTAMANTE ARMANDO RAMIREZ aka MANDO CARMEN RAMIREZ DELORES FERNANDEZ GEORGE APODACA MARGARET APODACA VERNON BACA FILEMON MIRAMONTES PEDRO ARAUJO 21:178, 174 Conspiracy to Import and Distri- bute Heroin; 18:1952 Interstate Travel with the intent to promote a business Enterprise Involving Nar- cotics. Three (3) Counts — 2 RELEVANT DOCKET ENTRIES DATE PROCEEDINGS May 6 Ord. Indictment filed, B/W to issue to the deft. , (Pedro Araujo) bail $25,000.00, Summons to issue to all other defts. ret. 6/3/71 GBH 1. Filed Indictment, Issued summons on all defts. Bench Warrant as to the deft (Pedro Araujo) Bail $25,000.00 GBH Jul 9 18. Filed No of Mo for Bill of Particulars on 13 August 71 at 11:00 A.M. 19. Filed Mo for discovery. 20. Filed Mo for Supplemental Bill of Particulars. 9 21. Filed Mo for supplemental Bill of Particulars as to Umberto Jose 9 22. Filed Points and Auths in suppt of defts mo for discovery and Inspection Jul 9 23. Filed No of Mo for discovery on 18 Aug 71 at 11:00 A.M. 24. Filed ORD appointing counsel. Jul 9 ORD aft hrg-defts Mo for discovery & Mo for bill of particulars ORD filed Govt response to mos to be filed by 8/6/71-case con’t to 8/13 at 11:00 AM for plea and mos as to all defts. Jul 29 27. Filed Govt’s response to defts Mo for Dis- covery. 29 28. Filed Govt’ts Mo and Memo for discovery. 29 29. Filed Govt’s response to Mo for Defts for bill of particulars. DATE PROCEEDINGS 1971 Dec 15 Feb Feb f E 11 79. 81. ORD: defts Chavez, Chavez, Apodaca, Fer- nandez, Fernandez, Miramontes, Bustamante, Ramirez, Ramirez, Fernandez, Apodaca, Baca pres w/att. all defts Plead NOT Guilty, Ord, Disc to be completed 20 days before trial, all motions to be filed 2 weeks before hearing date, response 1 week before hearing date, Defts need not appear for motions, Ord: case set for July trial on 4/3/72 at 9:30, deft Olivia Miramontes to appear 12/16/71 Filed ORD dismissing Indictment as to File- mon Miramontes. Filed No of mo and mo for discovery on 2-38-72 as to George Apodoca. ORD aft hrg-Apodaca pres w/attny-defts mo for discovery granted—4-6-72 final day for hrg mos-case con’t to 5-8-72 at 9:30 am for jr. trial. SAW Filed ORD granting mo for discovery of deft George Apodaca. SAW Filed pltfs memo of discovery. Filed ORD re matters of disc not stipulated to by all parties—all mos DENIED; Govt to provide agreed disc material no later than 20 days prior to trial; Defts’ mo for Bill of Par- ticulars is GRANTED as to requests 4, 5 & 6. All other requests are DENIED. —SAW Filed deft APODACA’s applic for ord unseal- ing certain material for incl in Ct file Filed ORD for unsealing of docs & papers in possession of Clerk so they may be filed as part of record in this case —SAW — DATE PROCEEDINGS Mar 7 82. Filed Application of Maurice K. Merten in supp of ord authorizing interception of wire communications of Pelone“ et al 83. Filed Application of M. K. Merten in supp of ord authorizing interception of wire communi- cations of U. Chavez et al Filed afdvt of Maurice K. Merten Filed afdvt of Peter B. Niblo Filed afdvt of Julius Beretta Filed ORD ext time to 4-27-72 for filing all pre-tr mos, responses by 5-4-72; hrg of pre-tr mos before SAW 5-11-72/2:15; Trial set for 5-30-72 before Judge FREY. Apr 13 89. Filed deft APODACA’s not. & mo to suppress evid, 5-11-72/2:15 (w/supptg docs & exhibits attached) Apr 27 90. Filed mo by all defts to suppress evidence (w/pts & auths) 91. Filed deft FERNANDEZ (Dolores) not. & mo for supp! bill of particulars & for per- formance of stip discovery by pltf, 5-11-72/ 2:15 . Filed defts’ not. & mo to suppress wiretap evidence, 5-11-72/2:15 . Filed afdvt of serv of deft’s mo to suppress Filed pltf’s mo for addtl time to file pre-tr mo 92 93 94. 4 97. Filed Govt Response to defts’ mo to suppress 98. 99 38 82 evidence Filed Govt’s Opp to deft’s mo to suppress . Filed ORD: time for filing response to defts’ mo to suppress is ext to 5-9-72 —SAW DATE PROCEEDINGS 1972 18 31 125. 131. 132. 136. 137. 138. Filed Pltf's Opp to defts’ mo to suppress wiretap evidence Filed clerk’s not. cont’g case from 5-11 to 5-18-72/2:15 Filed Reply to Opp of USA to defts’ mo to _ suppress Filed afdvt of serv of Reply to pltf’s opp to mo to suppress Filed Reply to Opp of USA to defts’ mo to suppress (same as docket +1 but on legal size paper) Filed Traverse to Gov’t Response to defts’ mo to suppress ORD: Mo to suppress wiretap evidence— GRANTED; Mo for Supp! Bill of Particulars —GRANTED; Mo for related case status of CR-72-217—GRANTED (CR-72-217 to trial CR-7 1-406) —SAW Filed ORD suppressing wiretap evidence & fruits thereof —SAW Filed Memo & ORD: wiretap communica- tions intercepted purs to ords of Ct dtd 2-18-71 & 2-25-71, & fruits thereof, are suppressed. —SAW Filed pltf’s Memo of Discovery (afdvts of Carlo Lo Presti & Phillip T. White attached) Filed pltf’s not. of appeal from ord suppress- ing evidence Mailed not. to counsel & 9th CCA of filing appeal Filed Designation of record on appeal. MADE, MAILED Record on Appeal to 9th CCA 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CR. 71-406-SAW No. 5 [Filed Mar. 7, 1972, C. C. Evensen, Clerk] IN THE MATTER OF THE APPLICATION OF THE UNITED STATES OF AMERICA FOR AN ORDER AUTHORIZING THE INTERCEPTION OF WIRE COMMUNICATIONS APPLICATION Maurice K. Merten, an Attorney of the Organized Crime and Racketeering Section, San Francisco Strike Force, United States Department of Justice, being duly sworn states: 1) This sworn ee is submitted in support of an Order authorizing the interception of wire communi- cations. This application has been submitted only after lengthy discussions concerning the necessity for such ap- plication with various officials of the Organized Crime and Racketeering Section, United States Department of Justice, Washington, D. C., together with Agents of the Bureau of Narcotics and Dangerous Drugs. 2) He is an “investigative or law — officer —of the United States” within the meaning of Section 2510(7) of Title 18, United States Code, that is—he is an attorney authorized by law to prosecute or partici- pate in the prosecution of offenses enumerated in Section 2516 of Title 18, United States Code. 3) Pursuant to the powers conferred on him by Sec- tion 2516 of Title 18, United States Code, the Attorney General of the United States, the Honorable John N. Mitchell, has specially designated in the proceeding the Assistant Attorney General for the Criminal Division of the United States Department of Justice, The Honorable Will Wilson, to authorize affiant to make this application for an Order authorizing the interception of wire com- — | 7 munications. This letter of authorization signed by the Assistant Attorney General is attached to this applica- tion as Exhibit A. 4) This application seeks authorization to intercept wire communications of Umberto Jose Chavez, also known as “Pelone”, Lionel Medina Costilla, also known as Danny Costilla, Jose Ybarra-Rivera, and others as yet unknown, concerning the offenses enumerated in Section 2516 of Title 18, United States Code; offenses involving the ille- gal importation, receipt, transportation, concealment, dis- tribution, and sale of narcotic drugs not in or from the original stamped package, and a conspiracy to commit such offenses, in-violation of Section 174, Title 21, United States Code, and Sections 4704(a) and 7237(a) of Title 26, United States Code, which have been committed and are being committed by Umberto Jose Chavez, Lionel Medina Costilla, Jose Ybarra-Rivera, and others as yet unknown. 5) He has discussed all the circumstances of the above offenses with Special Agent Julius Beretta of the San Francisco, California, office of the Bureau of Narcotics and Dangerous Drugs, who has directed and conducted the investigation herein, and has examined the affidavit of Special Agent Julius Beretta (attached to this appli- cation as Exhibit B and incorporated by reference here- in) which alleges facts therein in order to show that: A. There is probable cause to believe that Umberto Jose Chavez, Lionel Medina Costilla, Jose Ybarra-Rivera, and others as yet unknown have committed and are com- mitting offenses involving the illegal importation, receipt, transportation, concealment, distribution, and sale of nar- cotic drugs not in or from the original stamped package and a conspiracy to commit such offenses in violation of Section 174, Title 21, United States Code, and Sections 4704(a) and 7237(a) of Title 26, United States Code. B. There is probable cause to believe that the wire communications of Umberto Jose Chavez, Lionel Medina Costilla, Jose Ybarra-Rivera, and others as yet unknown, concerning these offenses will be obtained through their interception, authorization for which is herein applied. In particular, these wire communications will concern: Umberto Jose Chavez to as yet unknown outside quantities of heroin to be imported into the United States. 2. The communications between Umberto Jose Chavez, Lionel Medina Costilla, Jose Ybarra-Rivera, and others as yet unknown both inside and outside the United States, through which a system of couriers transporting from the United States-Mexican border to North- - California is coordinated. The communications between Umberto Jose Chavez geographical area of Northern California, tities of heroin illegally imported into the 656-7178, subscribed to in the name of Umberto Jose at 220 Carmelita Place, Fremont, used and is being used by Umberto i Medina Costilla, Jose Ybarra-Rivera, yet unknown, in connection with the of- described in 5(A) above. ception of wire or oral communications involving any of the same persons, facility, or place specified herein. WHEREFORE, your affiant believes that probable cause exists to believe that Umberto Jose Chavez, Lionel Medina Costilla, Jose Ybarra-Rivera, and others as yet unknown, are engaged in the commission of offenses in- volving the illegal importation, receipt, transportation, concealment, distribution, and sale of narcotic drugs not in or from the original stamped package and a conspir- such offenses in violation of Section 174, 9 Place, Fremont, California, has been used and is being used by Umberto Jose Chavez, Lionel Medina Costilla, Jose Ybarra-Rivera, and others as yet unknown, in con- nection with the offenses described in 5(A) above, and that communications of Umberto Jose Chavez, Lionel Medina Costilla, Jose Ybarra-Rivera, and others as yet unknown, concerning these offenses will be intercepted to and from the above described telephone and that normal investigative procedures reasonably appear unlikely to succeed. On the basis of the allegations contained in this appli- cation and upon the basis of the affidavit of Special Agent Julius Beretta, Bureau of Narcotics and Dangerous Drugs, which is attached hereto and made a part thereof, affiant requests this Court to issue an Order pursuant to the power conferred on it by Section 2518 of Title 18, United States Code, authorizing Special Agents of the Bureau of Narcotics and Dangerous Drugs of the United States Department of Justice, and Agents of the United States Customs Agency Service, Bureau of Customs, De- partment of Treasury, to intercept wire communications to and from the above described telephone until commu- nications are intercepted which reveal the manner in which Umberto Jose Chavez, Lionel Medina Costilla, Jose Ybarra-Rivera, and others yet unknown, illegally import, receive, transport, conceal, distribute and sell narcotic drugs not in or from the original stamped package and conspire to commit such offenses, in violation of Section 174, Title 21, United States Code, and Sections 4704 (a) and 7237(a) of Title 26, United States Code, and which reveal the identity of their confederates, their places of operation and the nature of the conspiracy involved therein, for a period of twenty (20) days from the date of this Order, whichever is earlier. The affiant also requests that the Court direct that the Pacific Telephone and Telegraph Company, a communi- cations common carrier as defined in Section 2510(10) of Title 18, United States Code, shall forthwith furnish the applicant and the Bureau of Narcotics and Dangerous Drugs all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and 10 with a minimum of interference with the services that such carrier is according the persons whose communica- tions are to be intercepted, the furnishing of such facili- ties or technical assistance by the Pacific Telephone and Telegraph Company to be compensated for by the appli- cant or the Bureau of Narcotics and Dangerous Drugs at the prevailing rates. /s/ Maurice K. Merten MAURICE K MERTEN Attorney Department of Justice San Francisco, California Subscribed and sworn before me this 17 day of Febru- ary 1971 /s/ Oliver J. Carter United States District Judge i. Assistant Attorney General Criminal Division DEPARTMENT OF JUSTICE Washington 20530 Feb. 18, 1971 Mr. Maurice K. Merten Special Attorney San Francisco Strike Force San Francisco, California Dear Mr. Merten: This is with regard to your request for authorization to make application pursuant to the provisions of Section 2518 of Title 18, United States Code, for an Order of the Court authorizing the Bureau of Narcotics and Dan- gerous Drugs and the Bureau of Customs, United States Department of the Treasury, to intercept wire communi- cations to and from telephone number 415-656-7173, lo- cated at 220 Carmelita Place, Fremont, California, in connection with the investigation into possible violations of Title 21, United States Code, Section 174, and Title 26, United States Code, Sections 4704 and 7237, by Um- berto Jose Chavez, Lionel Medina Costilla, Jose Ybarra- Rivera, and others as yet unknown. - __ I have reviewed your request and the facts and cir- cumstances detailed therein and have determined that there exists probable cause to believe that Umberto Jose Chavez, Lionel Medina Costilla, Jose Ybarra-Rivera, and others as yet unknown have committed, are committing, or are about to commit offenses enumerated in Section 2516 of Title 18, United States Code, to wit: violations of Title 21, United States Code, Section 174, and Title 26, United States Code, Sections 4704 and 7287. I have fur- ther determined that there exists probable cause to be- lieve that the above persons make use of the described facility in connection with those offenses, that wire com- munications concerning the offenses will be intercepted, and that normal investigative procedures reasonably ap- pear to be unlikely to succeed if tried. 12 Accordingly, you are hereby authorized under the power specially delegated to me in this proceeding by the Attor- ney General of the United States, the Honorable John N. Mitchell, pursuant to the power conferred on him by Section 2516 of Title 18, United States Code, to make application to a judge of competent jurisdiction for an Order of the Court pursuant to Section 2518 of Title 18, United States Code, authorizing the Federal Bureau of Narcotics and Dangerous Drugs and the Bureau of Cus- toms, United States Department of the Treasury, to in- tercept wire communications from the facility described above, for a period of twenty (20) days. Sincerely, /s/ Will Wilson WILL WILSON ™.. __ Assistant Attorney General — UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. 5 13 IN THE MATTER OF THE APPLICATION OF THE UNITED STATES OF AMERICA FOR AN ORDER AUTHORIZING THE INTERCEPTION OF WIRE COMMUNICATIONS AFFIDAVIT IN SUPPORT OF APPLICATION Julius Beretta, Special Agent, Bureau of Narcotics and Dangerous Drugs, San Francisco Office, United States Department of Justice, being duly sworn, states: 1) I am a Special Agent with the Bureau of Narcotics and Dangerous Drugs and have been so employed for two and one half years, during which I have been as- signed to the San Francisco, California, Office of the Bu- reau of Narcotics and Dangerous Drugs, United States Department of Justice. I am an “investigative or law enforcement officer—of the United States” within the meaning of Section 2510(7) of Title 18, United States Code, that is—I am an officer of the United States who is authorized by law to conduct investigation of and to make arrests for offenses enumerated in Section 2516, Title 18, United States Code. 2) This affidavit. seeks authorization to intercept wire communications to and from telephone number 415-656- 7178, subscribed to in the name of Umberto Jose Chavez, and located at 220 Carmelita Place, Fremont, California, in connection with the commission of certain offenses enumerated in Section 2516 of Title 18, United States Code, that is offenses involving the importation, receipt, transportation, concealment, distribution, and sale of ille- gal narcotic drugs not in or from the original stamped package and a conspiracy to commit such offenses in vio- lation of Section 174, Title 21, United States Code, and Sections 4704(a) of Title 26, United States Code. 8) I have participated in the investigation of possible violations of the Federal Drug Laws listed in paragraph (2) and committed by Umberto Jose Chavez, also known — 14 as Pelone“, Lionel Medina Costilla, also known as Danny Costilla, Jose Ybarra-Rivera, and others as yet unknown. As a result of my personal participation in these inves- tigations and from the reports made to me by other Spe- cial Agents of the Bureau of Narcotics and Dangerous Drugs and from other law enforcement officers, and their official reports, of Fremont, California, Union City, Cali- fornia, and elsewhere, I am familiar with all the circum- stances of the offenses. On the basis of that familiarity, I alleged the facts contained in the following numbered paragraphs show that: A. There is probable cause to believe that Umberto Jose Chavez, Lionel Medina Costilla, Jose Ybarra-Rivera, and others as yet unknown, have committed and are com- mitting offenses involving the illegal importation, receipt, transportation, concealment, distribution, and sale of nar- cotic drugs not in or from the original stamped package and a conspiracy to commit such offenses, in violation of Section 174, Title 21, United States Code, and Sections 4704 (a) and 7237 (a), Title 26, United States Code. B. There is probable cause to believe that wire com- munications of Umberto Jose Chavez, Lionel Medina Cos- tilla, Jose Ybarra-Rivera, and others as yet unknown, concerning these offenses will be obtained through their interception, authorization for which is herein applied. In particular these wire communications will concern: 1. The placing of orders by Umberto Jose Chavez to Jose Ybarra-Rivera and others as yet unknown outside the United States, for large quantities of heroin to be illegally imported into the United States. 2. The communications between Umberto Jose Chavez, Lionel Medina Costilla, Jose Ybarra-Rivera, and others as yet unknown both inside and outside the United States through which a system of couriers transporting heroin from the United States-Mexican border to Northern Cali- fornia is coordinated. 8. The communications between Umberto Jose Chavez, Lionel Medina Costilla, and others as yet unknown with- in the State of California, concerning the distribution, to a large geographical area of Northern California, of ad . large quantities of heroin, illegally imported into the United States from Mexico. C. Normal investigative procedures reasonably appear unlikely to succeed if tried. D. There is probable cause to believe telephone 415- 656-7173, subscribed to in the name of Umberto Jose Chavez and located at 220 Carmelita Place, Fremont, California, has been used and is being used by Umberto Jose Chavez in connection with the offenses described in paragraph 3(A) above. FACTS AND CIRCUMSTANCES PROBABLE CAUSE TO BELIEVE THAT UMBER- TO JOSE CHAVEZ IS USING TELEPHONE NUM- BER 415-656-7173 IN CONNECTION WITH THE COMMISSION OF OFFENSES INVOLVING THE IL- LEGAL IMPORTATION, RECEIPT, TRANSPORTA- TION, CONCEALMENT, DISTRIBUTION, AND SALE OF NARCOTIC DRUGS NOT IN OR FROM THE ORIGINAL STAMPED PACKAGE IN VIOLATION OF SECTION 174, TITLE 21, UNITED STATES CODE, AND SECTIONS 4704 (a) AND 7237 (a) OF TITLE 26, UNITED STATES CODE. 4) Umberto Jose Chavez, alias Pelone, alias Humberto Jose Chavez, alias Jose Umberto Chavez, alias Bob Cha- vez, was born February 27, 1936, in Encinitas, Califor- nia and is a male of Mexican extraction. He is 5’9” tall, 185 pounds, black hair,,brown eyes, black moustache, and walks with a pronounced limp. Chavez is further iden- tified by FBI number 191 720 C, California CII number 1 010 524, Union City Police Department number I67- 0794, and Fremont Police Department number 5765. Cha- vez has been known to the former Federal Bureau of Narcotics and present Bureau of Narcotics and Danger- ous Drugs since April of 1963 as a major narcotics vio- lator. On April 24, 1963, Chavez was arrested for pos- session of heroin for sale, possession of heroin, and pos- session of marijuana. On December 16, 1963 he was sen- tenced on the possession of heroin for sale and the pos- . 7 session of marijuana charges, and received a sentence of nine months in the Alameda County jail, three years suspended State prison, and three years probation. On December 18, 1965, Chavez was arrested by local authori- ties for possession of marijuana. He received a sentence of 10 days in the Alameda County jail to be served on the week-ends for this offense. On April 26, 1968, Chavez was arrested by the Union City Police Department for possession of heroin for sale and furnishing marijuana to a minor. He pled guilty to furnishing marijuana to a minor and was sentenced March 3, 1968 to one year in the Alameda County jail, three years suspended State prison, and three years probation. The charge of pos- session of heroin for sale was dismissed against Chavez when a female associate pled guilty to the charge. Cha- vez was also arrested in 1966 and 1970 for failing to register as a narcotic offender at the international border of San Ysidro, California. Chavez resides with his wife Irene at 220 Carmelita Place, Fremont, California. 5) Lionel Medina Costilla, alias Danny Costilla, is a Mexican male, born February 16, 1941, in San Marcos, Texas. He is 5’6” tall, weighs 135 pounds, has a medium build, black hair and brown eyes. Costilla can further be identified by Union City Police Department number J 392463 and social security number 311-34-8075. Cos- tilla lives at 33537 7th Street, Union City, California and is employed by the “B” Disposal Company, Fremont, California. On October 7, 1970, he was arrested for pos- session of heroin for sale in Union City and this case is still pending court action. At the time of his arrest, Cos- tilla had in his possession approximately 18 ounces of heroin contained in “Trojan” brand rubber prophylactics. 6) Jose Ybarra-Rivera is a male of Mexican extrac- tion, birth and citizenship. He is approximately 5’8” tall, 170 pounds, balding with gray hair, he is presently re- siding at 1594 Obregon, Culiacan, Sinaloa, Mexico. 7) Confidential informant number 1, a Mexican citi- zen and former resident of the Culiacan area, Sinaloa, has been providing me with information regarding crim- inal activities since October 1969. The information fur- nished by informant number 1 has in the past been 17 reliable and accurate and has been corroborated my own independent investigations. On one occasion information furnished by informant number 1 resulted in the arrest and conviction of an individual for viola- tion of the Federal Narcotics Laws. Informant number 1 advised me that he has in the past had personal con- tact with Jose Ybarra-Rivera in Culiacan, Sinaloa; Mexico, and that on January 18, 1971, he contacted Jose Ybarra-Rivera and discussed the purchase from him (Jose Ybarra-Rivera) of kilogram quantities of heroin. In this conversation Jose Ybarra-Rivera related that he could supply such quantities of heroin. 8) Rudolpho Ybarra-Rivera, also a resident of Culia- can, Sinaloa, Mexico, is the brother of Jose Ybarra- Riverd. On January 18, 1971, Joseph Baca, Assistant Regional Director, Region No. 14, advised me that on December 19, 1969, he interviewed David Romero-Perea, an individual on whom the Bureau of Narcotics and Dangerous Drugs files show an extensive narcotics rec- ord. During the course of this discussion, David Romero- Perea related that Rudolpho Ybarra-Rivera was his source of supply for narcotics. David Romero-Perea is presently a Federal fugitive. 9) Sgt. Stannard B. Jensen, Officer in Charge, Vice Control Section, Fremont Police Department, Fremont, California, advised me of the following: A. In April of 1970 a Fremont, California pharmacy contacted him (Sgt. Jensen) and reported that a male Mexican was buying an unusually large amount of non- lubricated “Trojan” brand rubber prophylactics approxi- mately every 10 days and that this pattern had been established since March, 1970. B. When he (Sgt. Jensen) showed the pharmacy em- ployees a number of photographs of different Mexican- American suspects, they immediately identified Umberto Jose Chavez as the purchaser they had reported. C. From April to August of 1970 this pharmacy con- tinued to report to him (Sgt. Jensen) each time Umberto Jose Chavez purchased rubber prophylactics, and as the investigation continued, the pharmacy employees reported that a second Mexican male, operating an automobile N 18 with California license number YAY 355, often accom- panied Chavez during these purchases. During this pe- riod this pharmacy reported that Chavez had purchased 1,152 rubber prophylactics. 10) It has been determined through records of the Department of Motor Vehicles, Sacramento, California, that California registration YAY 355 is registered in the name of Lionel Medina Costilla for a 1968 Dodge Station Wagon. 11) Sgt. Jensen further advised me that on January 12, 1971, he was contacted by another Fremont, Cali- fornia, pharmacy which reported that a male Mexican had, on that day, purchased 482 non-lubricated “Shiek” brand rubber prophylactics and 144 non-lubricated “Tro- jan” brand rubber prophylactics and that when he (Sgt. Jensen) showed the pharmacy employees photographs of Umberto Jose Chavez they identified Chavez as the pur- chaser of the rubber prophylactics. 12) Through my experiences as a Special Agent of the Bureau of Narcotics and Dangerous Drugs and my asso- ciation with other Agents of the Bureau of Narcotics and Dangerous Drugs, I know that non-lubricated pro- phylactics are commonly used to package bulk heroin. 13) Sgt. Jensen, Officer in Charge, Vice Control Sec- tion, Fremont Police Department, Fremont, California, has also advised me that on October 20, 1970, he (Sgt. Jensen) was furnished information by confidential in- formant number 2 who in the past provided information which, when corroborated by an independent investiga- tion by him (Sgt. Jensen) had proven accurate and reli- able and resulted in the arrest of an individual on a felony narcotic charge, which case is still pending. In- formant number 2 related that he (informant number 2) had known Umberto Jose Chavez for more than a year and they had had numerous conversations during the period July 1970 to August 1970 regarding Umberto Jose Chavez’s illegal drug activities. During these con- versations Umberto Jose Chavez related that he received 120 ounces of high grade heroin in approximately three week intervals, that the heroin is adulterated by him (Chavez) three times and is packaged in rubber prophy- em lactics, and that it is then distributed in the California cities of Tracy, Stockton, Sacramento, Oakland, and San Francisco. 14) On January 6, 1971, Detective Sgt. Kane, Union City Police Department, Union City, California, advised me that confidential informant number 3 had provided him with information regarding criminal activities which when verified by him (Detective Sgt. Kane) resulted in the arrest and conviction of an individual for burglary. 15) On January 14, 1971, I contacted Charles Foster, Under-Sheriff, Siskayou County, who was formerly em- ployed by the Union City Police Department Union City, California. Under-Sheriff Foster told me that from 1966 to 1968, while he was a police officer for the Union City Police Department, informant number 3 had provided him with information on three different occasions which, when verified, was found to be true on each occasion and which aided in the arrest and conviction of three indi- viduals; one on a felony narcotics charge, one for armed robbery, and one for a check violation. 16) On January 6, 1971, informant number 3 fur- nished me with the following information: A. That he (informant number 3) had, over the past year, purchased heroin from Umberto Jose Chavez ap- proximately 100 times and the last purchase he made was during the period December 20 to 31, 1970. B. Each time he (informant number 3) purchased heroin from Chavez it was packaged in non-lubricated rubber prophylactics. C. That he (informant number 3) would order the heroin by calling Umberto Jose Chavez at his (Chavez’s) residence at Union City, California and the place and time of the transaction would then be set. When he (in- formant number 3) and Chavez would meet at the time and place, Chavez would often deliver the heroin imme- diately. If immediate delivery was not made, Chavez would drive him (informant number 3) around in order to avoid detection and, after a period of time, direct him (informant number 3) to a location where the heroin was hidden. 19 D K 5 the early part of 1970 Umberto Jose Cha- (informant number 3) what Chavez +f : . i ok : i 4 anuary 15, 1971, Detective Sgt. Kane, Union Department, Union City, California, advised that he had, on that date, contacted informant num- been told by informant number 8 that the time he (informant number 3) had purchased heroin Chavez, he (informant number 8) had called Cha- at telephone number 489-0869, and that Chavez peri- odically had his telephone number changed. 18) From surveillance by Agents of the Bureau of 1152.5 BRS 3. ag tely . phone located at that residence and subscribed to in the name of Florentino Chavez was assigned the following numbers: 415-471-1193 changed July 13, 1970 to 415- 471-4288, changed September 17, 1970 to 415-489-0869, changed January 4, 1971 to, and presently, 415-489-0505. On or about December 11, 1970, Chavez and his wife moved from 33642 7th Street, Union City, California, to 220 Carmelita Place, Fremont, California, but con- tinued phone service at the Union City address. On De- cember 18, 1970, service was initiated for telephone num- ber 415-656-7173 subscribed in the name of Umberto Jose Chavez and located at 220 Carmelita Place, Fremont, ; 21 20) The telephone records maintained by the Pacific Telephone and Telegraph Company, San Jose, California, were examined relative to telephone number 415-471-1193, changed to 415-471-4288, changed to 415-489-0869, to and presently 415-489-0505 and telephone num- ber 415-656-7173. These records for the period February 11, 1970 to February 5, 1971 (in the case of 415-489- 0505) and December 18, 1970 to February 5, 1971 (in the case of 415-656-7173), reflect extensive telephone traf- fic from those numbers to Culiacan, Mexico and Tijuana, Mexico, and more than fifty collect calls from pay tele- phones at San Ysidré, Chula Vista, and San Diego, Cali- fornia to those numbers. In particular the toll records A. The long distance telephone traffic over telephone number 415-656-7173, located at 220 Carmelita Place, Fremont, California, that telephone located in the new residence of Umberto Jose Chavez which began service December 18, 1970, is similar to and a continuation of the long distance telephone traffic previously carried on over telephone number 415-471-1193 changed to 415-471- C. Collect calls from unknown pay telephones in San Ysidro, Chula Vista, and San Diego, California to tele- phone 415-471-1198, changed to 415-489-4288, changed to 415-489-0869, changed to and presently 415-489-0505 were interspersed with calls from that telephone to Mex- ico, and that same pattern is continuing with telephone 415-656-7173. D. From January 11, 1971 to February 5, 1971, in excess of 120 multi-message unit calls were placed from 415-656-7173. Multi-message units reflect calls to surrounding communities. 22 21) Attached hereto and made a part thereof are the following appendices which reflect a portion of the long distance telephone traffic between California and Mex- ico conducted over telephone 415-471-1193, changed to 415-271-4288, changed to 415-489-0869, changed to and presently 415-489-0505 and telephone 415-656-7173. A. Appendix A-1, a chronological list of long distance telephone traffic between specific Mexican telephones and telephone number 415-471-1193, changed to 415-471-4288, changed to 415-489-0869, changed to and presently 415- 489-0505, from February 11, 1970 to February 5, 1971. B. Appendix B-1, a monthly summary of long distance telephone traffic between specific Mexican telephones and those telephones listed in paragraph 21(A) above from February 11, 1970 to February 5, 1971. C. Appendix C-1, a summary of long distance calls between specific Mexican telephones and those telephones listed in paragraph 21 (A) above for the period Febru- ary 11, 1970 through February 5, 1971. D. D-1, a chronological list of collect calls from un- known pay telephones in San Ysidro, Chula Vista, and San Diego, California to those telephones listed in 21 (A) from February 9, 1970 to February 5, 1971. E. Appendix A-2, a chronogolical list of long distance telephone traffic between specific Mexican telephones and telephone number 415-656-7173 from December 18, 1970 to February 5, 1971. F. Appendix B-2, a monthly summary of long distance telephone traffic between specific Mexican telephones and telephone 415-656-7173 from December 18, 1970 to Feb- ruary 5, 1971. G. Appendix C-2, a summary of long distance calls between specific Mexican telephones and telephone 415- gt for the period December 18, 1970 to February 5, 1 * H. D-2, a chronological list of collect calls from un- known pay telephones in San Ysidro, Chula Vista, and San Diego, California to telephone 415-656-7173 from De- cember 18, 1970 to February 5, 1971. 22) The Mexican Telephone numbers have been identi- fied as follows: 23 A. 908-885-5054 is subscribed to by the La Sonorita Grocer, Jose Vasquez Burel, Calle 9A, 776 TTE, Groc., East Alvert, Colonia Libertad, Tijuana. B. 903-386-4640 903-386-4641 are both subscribed to by the Reno Motel, Dr. Longois Manoguin, owner, Camino Ensenada 500 ESQ. GOB. Lugo Davilla, Tijuana. On January 18, 1971, I contacted Joseph Baca, Assistant Regional Direc- tor, Region No. 14, Bureau of Narcotics and Dangerous Drugs, who advised me that from his previous assign- ment in the former Federal Bureau of Narcotics as a liason officer between that Bureau and the Mexican Fed- eral Police, and his present position of Assistant Re- gional Director, he is familiar with the narcotics traf- fic conducted between the United States and Mexico. Mr. Baca told me that the Reno Motel is located a short dis- tance outside of Tijuana, Mexico, and, in investigations he participated in, served as a meeting place for drug buyers awaiting shipments of drugs from the interior of Mexico. C. 908-385-2267 is subscribed to by Dr. Septimo Men- — 704 Bojas, C. P. T. O. V. D. Mira, Tijuana. 903-385-6208 is subscribed to by Maria De Jesus — Calle 4th Street, 494 Tijuana, Mexico. An examination of Bureau of Narcotics and Dangerous Drugs intelligence files indicates that this telephone number, then subscribed to by the same individual and located at the same address was used in 1962 by Francisco Campos, at that time considered by the former Federal Bureau of Narcotics to be the largest marijuana trafficker in Tijuana, Mexico. E. 2-0882 is subscribed to by Jose Ybarra-Rivera, 1594 Obregon, Culican, Sinaloa, Mexico. F. 2-1117 is subscribed to by the Hotel El Gran, 5th of February Street, Culiacan, Sinaloa, Mexico. NORMAL INVESTIGATIVE PROCEDURES REASONABLY APPEAR UNLIKELY TO SUCCEED 23) Based on my knowledge and experience as a Spe- cial Agent of the Bureau of Narcotics and Dangerous SS 25 two occasions Umberto Jose Chavez reported to Mr. Chavez) in automobiles of a particular model and color. On both of those occasions I was a participating agent in the surveillance of Umberto Jose Chavez and the de- scriptions of the automobiles were accurate. 29) For the reasons set out here and above, all normal avenues of investigation are closed and it is my belief that the only reasonable way to develop the necessary evidence of violations of Title 21, United States Code, Section 174, and Title 26, United States Code, Sections 4704 (a) and 7287 (a) by those persons named herein is to intercept wire communications to and from the tele- phone described in paragraph (2) above. 30) Therefore, based on the facts related above and my experience as a Special Agent of the Bureau of Nar- coties and Dangerous Drugs, I believe and have reason to believe that probable cause allegations in the above for authorization to telephone 415-656-71 Fremont, California. 82) The activities to be telephonically covered are be- lieved to represent a continuing criminal conspiracy. It is further believed that communications concerning the offenses enumerated in paragraph 3 (A) will be con- ducted over the above described telephone. WHEREFORE because of the existence of the facts and underlying circumstances of the continuing investigation listed above . in paragraphs (4) through (28), I submit that the prob- able cause as submitted in paragraph 3 (A), 8 (B), and 26 3 (D) exists and that the investigation as set forth above has failed to provide evidence necessary to sus- tain prosecution of all involved individuals for violations of the offenses enumerated in paragraph 3 (A)and that extensive normal investigative procedures reasonably ap- pear unlikely to succeed. It is requested, therefore, that this Court issue an Order authorizing Special Agents of the Bureau of Narcotics and Dangerous Drugs and Special Agents of the United States Customs Agency Service, Bureau of Customs, Department of Treasury, to intercept wire communications to and from the above described telephone until communications are intercepted which reveal the manner in which Umberto Jose Chavez, Lionel Medina Costilla, Jose Ybarra-Rivera, and others as yet unknown, import, receive, transport, conceal, dis- tribute, and sell narcotics drugs not in or from the orig- inal stamped package in violation of Section 174, Title 21, United States Code, and Sections 4704 (a) and 7237 (a) of Title 26, United States Code, and which reveal the identities of their confederates, their places of op- eration, and the na of the conspiracy involved there- in, or for twenty (20) days from the date of the Order, whichever is earlier. Subscribed and sworn to before me this —— day of 1971. United States Distriet Judge 27 APPENDIX A-1 Chronological list of long distance telephone traffic be- tween telephone 415-471-1193, changed 415-471-4288, changed to 415-489-0869, changed to, and presently 415- 489-0505, subscribed to in the name of Florentino Chavez and located at 33642 7th Street, Union City, California, and Mexico from February 11, 1970 to February 5, 1971. Number 415-471-1193 In Service DATE AREA CALLED NUMBER CALLED February 11, 1970 Tijuana, Mexico 903-385-5054 February 11, 1970 Tijuana, Mexico 903-385-5054 February 12, 1970 Tijuana, Mexico 903-385-5054 February 12, 1970 Tijuana, Mexico 903-385-5054 February 12, 1970 Tijuana, Mexico 903-385-5054 March 12, 1970 Tijuana, Mexico 908-385-5054 March 12, 1970 Tijuana, Mexico 903-385-5054 March 15, 1970 Tijuana, Mexico 903-386-4640 March 16, 1970 Tijuana, Mexico 903-385-5054 March 16, 1970 Tijuana, Mexico 903-385-5054 March 16, 1970 Tijuana, Mexico 903-386-4640 March 19, 1970 Tijuana, Mexico Collect Call From 903-386-4640 March 26, 1970 Tijuana, Mexico 903-385-5054 March 26, 1970 Tijuana, Mexico 903-385-5054 March 26, 1970 Tijuana, Mexico 903-385-5054 March 26, 1970 Tijuana, Mexico 903-385-5054 April 5, 1970 Tijuana, Mexico 908-385-5054 April 17, 1970 Tijuana, Mexico 903-386-4640 April 18, 1970 Tijuana, Mexico 903-386-4640 April 20, 1970 Tijuana, Mexico 903-886-4640 April 20, 1970 Tijuana, Mexico 903-386-4640 April 22, 1970 Tijuana, Mexico 903-386-4640 April 28, 1970 UNKNOWN Collect Call From Mexico, Telephone Number Unknown May 25, 1970 Tijuana, Mexico 903-886-4640 May 25, 1970 Tijuana, Mexico 903-386-4640 May 26, 1970 Tijuana, Mexico 903-386-4640 May 28, 1970 Tijuana, Mexico 903-386-4640 May 28, 1970 Tijuana, Mexico 903-386-4640 DATE June 9, 1970 June 9, 1970 June 9, 1970 June 12, 1970 June 16, 1970 June 19, 1970 June 25, 1970 June 25, 1970 July 2, 1970 July 2, 1970 July 2, 1970 July 2, 1970 July 12, 1970 July 18, 1970 July 18, 1970 July 18, 1970 July 14, 1970 July 16, 1970 July 19, 1970 July 23, 1970 July 23, 1970 July 24, 1970 July 24, 1970 July 25, 1970 July 25, 1970 July 26, 1970 August 6, 1970 August 6, 1970 August 6, 1970 August 6, 1970 August 6, 1970 August 6, 1970 August 12, 1970 August 12, 1970 August 12, 1970 August 12, 1970 August 12, 1970 August 13, 1970 AREA CALLED NUMBER CALLED Tijuana, Mexico 903-386-4640 Tijuana, Mexico 903-386-4640 Culiacan, Mexico 2-0882 Tijuana, Mexico 903-386-4640 Tijuana, Mexico 903-386-4640 Tijuana, Mexico 903-886-4640 Tijuana, Mexico 903-386-4640 Tijuana, Mexico Collect Call From 903-885-5054 Tijuana, Mexico 908-385-5054 Tijuana, Mexico 903-385-5054 Tijuana, Mexico 903-385-5054 Tijuana, Mexico 903-385-5054 Tijuana, Mexico Collect Call From 908-885-2267 Tijuana, Mexico Collect Call From 908-885-2267 Number 415-471-1193 Changed to 415-571-4288 on July 13, 1970 Tijuana, Mexico 903-385-5054 Tijuana, — 903-385-5054 Tijuana, Mexico 908-385-5054 Tijuana, Mexico Tijuana, Mexico Collect Call From 903-386-4640 Tijuana, Mexico 903-386-4640 Tijuana, Mexico 903-386-4640 Tijuana, Mexico Collect Call From 903-386-4640 Tijuana, Mexico 903-386-4640 Tijuana, Mexico 903-386-4640 Tijuana, Mexico 903-386-4640 Tijuana, Mexico Collect Call Fron: 903-386-4640 Tijuana, Mexico 903-386-4640 Tijuana, Mexico 903-385-5054 Tijuana, Mexico 903-385-5054 Tijuana, Mexico 903-385-5054 Tijuana, Mexico 903-385-5054 Tijuana, Mexico 903-385-5054 Tijuana, Mexico 903-385-5054 Tijuana, Mexico 903-386-4640 Tijuana, Mexico 903-386-4640 Tijuana, Mexico 903-386-4640 Tijuana, Mexico 903-386-4640 Culiacan Mexico 2-0382 28 Tijuana, Mexico DATE August 26, 1970 August 27, 1970 September 6, 1970 September 16, 1970 29 AREA CALLED NUMBER CALLED Tijuana, Mexico 903-386-4640 Tijuana, Mexico 903-386-4640 Tijuana, Mexico 903-386-4640 Tijuana, Mexico 903-386-4640 Number 415-471-4288 Changed to 415-489-0869 on September 17, 1970 September 17, 1970 September 20, 1970 September 30, 1970 October 1, 1970 October 2, 1970 October 2, 1970 October 2, 1970 October 7, 1970 October 7, 1970 October 18, 1970 October 20, 1970 October 20, 1970 October 28, 1970 October 24, 1970 October 25, 1970 October 27, 1970 November 6, 1970 November 7, 1970 November 8, 1970 November 9, 1970 November 9, 1970 November 10, 1970 November 10, 1970 November 10, 1970 November 10, 1970 November 14, 1970 November 16, 1970 November 17, 1970 November 18, 1970 November 19, 1970 November 19, 1970 November 19, 1970 November 20, 1970 November 27, 1970 November 28, 1970 Tijuana, Mexico Tijuana, Mexico Culiacan, Mexico Tijuana, Mexico Tijuana, Mexico Culiacan, Mexico Culiacan, Mexico Tijuana, Mexico Tijuana, Mexico Tijuana, Mexico Tijuana, Mexico Tijuana, Mexico Tijuana, Mexico Tijuana, Mexico Tijuana, Mexico Tijuana, Mexico Tijuana, Mexico Culiacan, Mexico Culiacan, Mexico Tijuana, Mexico Tijuana, Mexico Tijuana, Mexico Tijuana, Mexico Tijuana, Mexico Tijuana, Mexico Culiacan, Mexico Culiacan, Mexico Culiacan, Mexico Tijuana, Mexico Tijuana, Mexico Tijuana, Mexico Tijuana, Mexico Tijuana, Mexico Culiacan, Mexico Culiacan, Mexico 903-386-4640 Collect. Call From 903-386-4640 21117 903-386-4640 903-386-4640 2-1117 2-1117 903-386-4640 903-386-4640 903-385-6208 908-385-6208 903-386-4640 903-385-6208 903-386-4640 Collect Call From 903-386-4640 903-386-4640 903-386-4640 20382 Collect Call From 21117 903-386-4640 903-386-4640 903-386-4640 903-386-4640 Collect Call From 903-386-4641 903-386-4641 903-386-4641 903-386-4641 2-0382 2-0382 1970 1970 1970 1970 1970 1970 1970 1970 1970 1970 1970 December 15, 1970 December 16, 1970 AREA CALLED Tijuana, Mexico Tijuana, Mexico Culiacan, Mexico Tijuana, Mexico Tijuana, Mexico Tijuana, Mexico Tijuana, Mexico Tijuana, Mexico Tijuana, Mexico Tijuana, Mexico Culiacan, Mexico Culiacan, Mexico Culiacan, Mexico Tijuana, Mexico NUMBER CALLED» Number 415-489-0869 Changed to 415-489-0505 January 1, 1971 January 7, 1971 January 7, 1971 Tijuana, Mexico Tijuana, Mexico 903-386-4641 903-386-4641 — 31 APPENDIX A-2 Chronological list of long distance telephone traffic be- tween telephone 415-656-7173, subscribed to in the name of Umberto Jose Chavez and located at 220 Carmelita Place, Fremont, California, and Mexico, for the period December 18, 1970 to February 5, 1971. Number 415-656-7178 In Service as of December 18, 1970 DATE AREACALLED NUMBER CALLED 18, 1970 Tijuana, Mexico 908-386-4641 Tijuana, Mexico Tijuana, Mexico December 18, 1970 December 29, 1970 City, Billed To 415-656-7173) January 7, 1971 Tijuana, Mexico 903-3864641 January 7, 1970 Culiacan, Mexico 20382 January 9, 1971 Tijuana, Mexico 903-386-4641 January 10, 1971 Tijuana, Mexico 903-386-4641 January 10, 1971 Tijuana, Mexico 903-386-4641 January 27, 1971 Tijuana, Mexico 903-386-4641 January 27, 1971 Tijuana, Mexico 903-886-4641 January 28, 1971 Tijuana, Mexico 903-386-4641 January 28, 1971 Tijuana, Mexico 903-386-4641 January 29, 1971 Tijuana, Mexico 903-386-4641 January 20, 1971 Tijuana, Mexico 903-886-4641 January 80, 1971 Tijuana, Mexico 1 82 APPENDIX B-1 Monthly summary of long distance telephone traffic be- tween telephone 415-471-1193, changed to 415-471-4288, changed to 415-489-0869, changed to, and presently 415- 489-0505, subscribed to in the name of Florentino Chavez and located at 33642 7th Street, Union City, California, and Mexico February 1970 —5 calls to Tijuana, Mexico 903-385-5054 March 1970 — calls to Tijuana, Mexico 903-385-5054 2 calls to Tijuana, Mexico 903-386-4640 1 call collect from Tijuana, Mexico 903- 886-4640 1 call to Tijuana, Mexico 903-385-5054 April 1970 —1 call to Tijuana, Mexico 903-885-5054 5 calls to Tijuana, Mexico 903-886-4640 1 call collect from Mexico May 1970 —5 calls to Tijuana, Mexico 903-386-4640 June 1970 —6 calls to Tijuana, Mexico 903-386-4640 1 call to Culiacan, Mexico 2-0382 1 call collect from Tijuana, Mexico 903-385- 5054 July 1970 —7 calls to Tijuana, Mexico 903-385-5054 7 calls to Tijuana, Mexico 908-386-4640 8 calls collect from Tijuana, Mexico 903- 886-4640 2 calls collect from Tijuana, Mexico 903- 385-2267 August 1970 —7 calls to Tijuana, Mexico 903-386-4640 6 calls to Tijuana, Mexico 903-385-5054 1 call to Culiacan, Mexico 2-0882 September 1970—8 calls to Tijuana, Mexico 903-386-4640 1 call to Culiacan, Mexico 2-1117 1 call collect from Tijuana, Mexico 903-386- 4640 a. October 1970 —7 calls to Tijuana, Mexico 903-386-4640 8 calls to Tijuana, Mexico 903-385-6208 2 calls to Culiacan, Mexico 2-1117 1 call collect from Tijuana, Mexico 903-386- 4640 November 1970 —8 calls to Tijuana, Mexico 903-386-4640 4 calls to Culiacan, Mexico 2-0382 8 calls to Tijuana, Mexico 903-386-4641 2 calls to Culiacan, Mexico 2-1117 1 call collect from Tijuana, Mexico 903-386- 4641 1 call collect from Culiacan, Mexico 2-1117 December 1970 —10 calls to Tijuana, Mexico 903-886-4641 4 calls to Culiacan, Mexico 2-0382 January 1971 —2 calls to Tijuana, Mexico 903-386-4641 APPENDIX B-2 Monthly summary of specific long distance telephone traffic between telephone 415-656-7178, subscribed to in the name of Umberto Jose Chavez, and located at 220 Carmelita Place, Fremont, California, and Mexico. December 1970 —2 calls to Tijuana, Mexico 903-386-4641 1 call to Tijuana, Mexico 903-385-6208 (Called from Union City, California, billed to 415-656-7173) January 1971 —11 calls to Tijuana, Mexico 908-886-4641 1 call to Culiacan, Mexico 2-0382 34 APPENDIX C- Summary of distance telephone traffic between tele- phone 415-471-1193, changed to 415-471-4288, changed to 415-489-0869, changed to, and presently 415-489-0505, J6 ek ane ak eee dian, leaned at 33642 7th Street, Union City, California, and Mexico, for the period February 11, 1970 to February 5, 1971. 903-385-5054 —27 telephone calls to Tijuana, Mexico 908-885-5054 1 collect telephone call from Tijuana, Mexico 908-385-5054 903-386-4640 —50 telephone calls to Tijuana, Mexico 903-386-4640 6 collect telephone calls from Tijuana, Mexico 908-386-4640 903-386-4641 —15 telephone calls to Tijuana, Mexico 903-386-4641 1 collect telephone call from Tijuana, Mexico 903-386-4641 903-385-2267 —2 collect telephone calls from Tijuana, Mexico 903-385-2267 2-0382 —10 telephone calls to Culiacan, Mexico 2-0882 2-1117 —5 telephone calls to Culiacan, Mexico 2-1117 1 collect telephone 2 from Culiacan, Mexico 2-1117 903-385-6208 —3 telephone calls to Tijuana, Mexico 903-385-6208 Unknown Number—1 collect telephone call from Mexico 85 APPENDIX C-2 Summary of long distance telephone traffic between tele- 415-656-7178, subscribed to in the name of Um- — 4 Chaven and located at 220 Carmelita Place, t, California, and Mexico, for the period De- aa 18 1970 to February 5, 1971. 908-886-4641 —18 telephone calls to Tijuana, Mexico 908-386-4641 2-0382 —1 telephone call to Culiacan, Mexico 20882 903-385-6208 —1 telephone call to Tijuana, Mexico 903-385-6208 (Called from Union City, California, billed to 415-656-7173) 36 APPENDIX D-1 Chronological list of collect telephone calls from unknown telephones in San Ysidro, Chula Vista and San California, to telephone — ig changed to 415-471-4288, changed to and tly 415-489-0506, subscribed to in the name of — Chavez, and located at 88642 7th Street, Union City, California, for the period February 9, 1970 to February 5, 1971. Number 415-471-1198 In Service Date Collect Telephone Call Received From February 9, 1970 San Ysidro, California February 11,1970 San Ysidro, California February 14, 1970 San Ysidro, California February 16, 1970 San Ysidro, California April 21, 1971 San Ysidro, California April 22, 1970 San Ysidro, California April 27, 1970 San Ysidro, California May 15, 1970 San Ysidro, California May 15, 1970 San Ysidro, California June 1, 1970 San Ysidro, California June 11, 1970 San Ysidro, California June 18, 1970 San Ysidro, California June 20, 1970 San Ysidro, California June 25, 1970 San Ysidro, California July 1, 1970 San Ysidro, California July 4, 1970 Chula Vista, California July 10, 1970 San Ysidro, California July 11, 1970 San Ysidro, California Number 415-471-1198 Changed to 415-471-4288 on July 138, 1970 July 26, 1970 Chula Vista, California July 26, 1970 Chula Vista, California July 27, 1970 San Ysidro, California September 11, 1970 Number 415-471-4288 Changed to 415-489-0869 on Septem- ber 17, 1970 October 31, 1970 November 4, 1970 November 6, 1970 November 7, 1970 November 10, 1970 November 16, 1970 December 5, 1970 Number 415-489-0869 Changed to 415-489-5050 on January 4, 1971 87 Collect Telephone Call Received From San Ysidro, California Chula Vista, California San Ysidro, California Chula Vista, California San Ysidro, California San Ysidro, California San Ysidro, California Chula Vista, California San Ysidro, California Chula Vista, California San Ysidro, California San Ysidro, California San Ysidro, California Chula Vista, California San Ysidro, California San Diego, California San Ysidro, California San Ysidro, California San Ysidro, California San Ysidro, California San Ysidro, California Chula Vista, California San Ysidro, California San Ysidro, California San Ysidro, California San Ysidro, California San Ysidro, California 38 APPENDIX D-2 Chronological list of collect telephone calls from unknown pay telephones in San Ysidro, Chula Vista and San Diego, California, to telephone 415-656-7173, subscribed to in the name of Umberto Jose Chazev, and located at 220 Carmelita Place, Fremont, California, for the period December 18, 1970, to February 5, 1971. Number 415-656-7178 In Service as of December 18, 1970 Date Collect Telephone Call Received From January 1, 1971 San Ysidro, California January 4, 1971 San Ysidro, California January 6, 1971 San Ysidro, California January 11, 1971 San Ysidro, California January 11, 1971 San Ysidro, California January 14, 1971 San Ysidro, California January 16, 1971 San Ysidro, California January 25, 1971 San Ysidro, California January 29, 1971 San Ysidro, California 39 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. 5 IN THE MATTER OF THE APPLICATION OF THE UNITED STATES OF AMERICA FOR AN ORDER AUTHORIZING THE INTERCEPTION OF WIRE COMMUNICATIONS ORDER AUTHORIZING THE INTERCEPTION OF WIRE COMMUNICATIONS TO: Special Agents of the Bureau of Narcotics and Dangerous Drugs and Special Agents of the United States Customs Agency Service, Bureau of Customs, Depart- ment of Treasury. Application under oath having been made before me by Maurice K. Merten, an attorney of the Organized Crime and Racketeering Section of the United States Depart- ment of Justice, and an “investigative or law enforcement officer” as defined in Section 2510(7) of Title 18, United States Code, for an order authorizing the interception of wire communications pursuant to Section 2510 of Title 18, United States Code, and full consideration having — given to the matters set forth therein, the Court A. There is probable cause to believe that Umberto Jose Chavez, Lionel Medina Costilla, Jose Ybarra-Rivera, and others as yet unknown, have committed and are com- mitting offenses involving the illegal importation, re- ceipt, transportation, concealment, distribution, and sale of narcotic drugs not in or from the original stamped pack- age and a conspiracy to commit such offenses, in viola- tion of Section 174, Title 21, United States Code, and — 4704(a) and 7237(a) of Title 26, United States e. B. There is probable cause to believe that wire com- munications of Umberto Jose Chavez, Lionel Medina Cos- tilla, Jose Ybarra-Rivera, and others as yet unknown, concerning these offenses will be obtained through their ap — authorization for which is herein applied. In particular, these wire communications will concern: 40 1. The placing of orders by Umberto Jose Chavez to Jose Ybarra-Rivera, and others as yet unknown outside the United States, for large quantities of heroin to be illegally imported into the United States. 2. The communications between Umberto Jose Chav- ez, Lionel Medina Costilla, Jose Ybarra-Rivera, and oth- ers as yet unknown both inside and outside the United States, through which a system of couriers transporting heroin from the United States-Mexican border to North- ern California is coordinated. 8. The communications between Umberto Jose Chav- ez and Lionel Medina Costilla, and others as yet un- known within the State of California, concerning the dis- tribution, to a large geographical area of Northern Cali- fornia, of large quantities of heroin, illegally imported into the United States from Mexico. : C. Normal investigative procedures reasonably appear unlikely to succeed if tried. D. There is probable cause to believe telephone 415- 656-7178, subscribed to in the name of Umberto Jose Chavez, and located at 220 Carmelita Place, Fremont, California, has been used and is being used by Umberto Jose Chavez, Lioné] Medina Costilla, Jose Ybarra-Rivera, and others as yet unknown, in connection with the of- fenses described in paragraph (A) above. WHEREFORE, it is hereby ordered that: Special Agents of the Bureau of Narcotics and Dan- gerous Drugs, United States Department of Justice and Special Agents of the United States Customs Agency Service, Bureau of Customs, Department of Treasury, are authorized, pursuant to the application authorized by the Assistant Attorney General for the Criminal Division of the United States Department of Justice, the Honor- able Will Wilson, who has been specially designated in this proceeding by the Attorney General of the United States, the Honorable John N. Mitchell, to exercise the powers conferred on the Attorney General by Section 2516 of Title 18, United States Code, to: 1) Intercept wire communications of Umberto Jose Chavez, Lionel Medina Costilla, Jose Ybarra-Rivera, and 41 others as yet unknown, concerning the above described offenses to and from telephone 415-656-7173, subscribed to in the name of Umberto Jose Chavez and located at 220 Carmelita Place, Fremont, California. 2) Not automatically terminate the interception when the described type of communications sought are first obtained, but that this authority to intercept con- tinue for a reasonable time thereafter, not to exceed a total of twenty (20) days from the date of the Order, — will reveal the manner in which Umberto Jose vez, Lionel Medina Costilla, Jose Ybarra-Riviera, and others as yet unknown, illegally import, receive, transport, conceal, distribute, and sell narcotic drugs not in or from the original stamped package, and conspire to commit such offenses, in violation of Section 174, Title 21, United States Code, and Sections 4704(a) and 7287(a) of Title 26, United States Code, and which will reveal the identity of their confederates, their places of operation, and the nature of the conspiracy involved therein. PROVIDING THAT, this authorization to intercept wire communications shall be executed as soon as prac- ticable after the signing of this Order, shall be con- ducted in such a way as to minimize the interception of communications not otherwise subject to interception un- der Chapter 110 of Title 18, United States Code, and shall terminate upon obtainment of the authorized ob- jective, or in any event, at the end of twenty (20) days from the date of this Order. It is further ordered, upon request of the applicant, that the Pacific Telephone and Telegraph Company, a communications common carrier as defined in Section 2510(10) of Title 18, United States Code, shall forth- with furnish the Applicant and the Bureau of Narcotics and Dangerous Drugs all information, facilities, and technical assistance necessary to accomplish the inter- ception unobtrusively and with a minimum of interfer- ence with the services that such carrier is according the persons whose communications are to be intercepted. The furnishing of such facilities or technical assistance by 42 the Pacific Telephone and Telegraph Company to be com- pensated for by the Applicant or the Bureau of Nar- cotics and Dangerous Drugs, Department of Justice, at the prevailing rates. PROVIDING ALSO, that Maurice K. Merten shall provide the Court with a report on the 5th, 10th, and 15th days following the date of this Order showing what progress has been made toward achievement of the au- ore objective and the need for continued intercep- on: | /s/ Oliver J. Carter United States District Judge This 18 day of February, 1971 at 10:10 O’Clock A.M. _ le 43 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA IN THE MATTER OF THE APPLICATION OF THE UNITED STATES OF AMERICA FOR AN ORDER AUTHORIZING THE USE OF PEN REGISTERS OR TOUCH TONE DECODERS ORDER AUTHORIZING THE USE OF PEN REGISTERS OR TOUCH TONE DECODERS TO: Special Agents of the Bureau of Narcotics and Dangerous Drugs and Special Agents of the United States Customs Agency Service, Bureau of Customs, Depart- ment of Treasury. Affidavit under oath having been made before me by Julius Beretta, Special Agent of the Bureau of Narcotics and Dangerous Drugs, United States Department of Jus- tice, and full consideration having been given to the mat- ters set forth therein, the Court finds: A. There is probable cause to believe that Umberto Jose Chavez, Lionel Medina Costilla, Jose Ybarra-Rivera, and others as yet unknown have committed and are com- mitting offenses involving the illegal importation, re- ceipt, transportation, concealment, distribution, and sale of narcotic drugs not in or from the original stamped package and a conspiracy to commit such offenses, in violation of Section 174, Title 21, United States Code, and Sections 4704 (a) and 7237 (a) of Title 26, United States Code. B. There is probable cause to believe telephone number 415-656-7173, subscribed to in the name of Umberto Jose Chavez, and located at 220 Carmelita Place, Fremont, California has been used and is being used by Umberto Jose Chavez, Lionel Medina Costilla, Jose Ybarra-Rivera, and others as yet unknown, in connection with the of- fenses descibed in (A) WHEREFORE, it is hereby ordered that: Special Agents of the Bureau of Narcotics and Dan- gerous Drugs, and Special Agents of the United States Customs Agency Service, Bureau of Customs, Depart- ment of Treasury, are authorized to: 44 A. Install mechanical decices on telephone number 415-656-7178, subscribed to in the name of Umberto Jose Chavez, and located at 220 Carmelita Place, Fre- mont, California, which will reveal the telephone num- bers of all outgoing calls dialed from the above de- scribed telephone. B. Continue use of such mechanical devices in opera- tion until the telephone numbers of all outgoing calls dialed lead to the identities of the confederates of the conspiracy involving the importation and distribution of illegal narcotics, and their places of operation, for a period of twenty (20) days from the date of this Order, whichever is earlier. PROVIDING THAT, this authorization to install and operate the above described mechanical devices must ter- minate upon attainment of the authorized objective or, in the event, at the end of twenty (20) days from the date of this Order. /s/ Oliver J. Carter United States District Judge February 18, 1971 DATE 45 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. 6 IN THE MATTER OF THE APPLICATION OF THE UNITED STATES OF AMERICA FOR AN ORDER AUTHORIZING THE INTERCEPTION OF WIRE COMMUNICATIONS APPLICATION Maurice K. Merten, an Attorney of the Organized Crime and Racketeering Section, San Francisco Strike Force, United States Department of Justice, being duly sworn states: 1) This sworn application is submitted in support of an Order authorizing the interception of wire communi- cations. This application has been submitted only after lengthy discussions concerning the necessity for such application with various officials of the Organized Crime and Racketeering Section, United States Department of Justice, Washington, D. C., together with Agents of the Bureau of Narcotics and Dangerous Drugs. 2) He is an “investigative or law enforcement officer —of the United States” within the meaning of Section 2510 (7) of Title 18, United States Code, that is—he is an attorney authorized by law to prosecute or partici- pate in the prosecution of offenses enumerated in Sec- tion 2516 of Title 18, United States Code. 3) Pursuant to the powers conferred on him by Sec- tion 2516 of Title 18, United States Code, the Attorney General of the United States, the Honorable John N. Mitchell, has specially designated in the proceeding the Assistant Attorney General for the Criminal Division of the United States Department of Justice, The Honorable Will Wilson, to authorize affiant to make this applica- tion for an Order authorizing the interception of wire communications. This letter or authorization signed by the Assistant Atturney General is attached to this ap- plication as Exhibit A. 46 4) This application seeks authorization to intercept wire communications of Pelone“, Jim“, Jessee“, “Mondo”, “Olivia”, and others as yet unknown, concern- ing the offenses enumerated in Section 2516 of Title 18, United States Code; offenses involving the illegal im- portation, receipt, transportation, concealment, distribu- tion and sale of narcotic drugs not in or from the orig- inal stamped package, and a conspiracy to commit such offenses, in violation of Section 174, Title 21, United States Code, and Sections 4704 (a) and 7237 (a) of Title 26, United States Code, which have been com- mitted and are being committed by Pelone“, “Jim”, “Jessee”, and “Mondo”, “Olivia”, and others as yet un- known. 5) He has discussed all the circumstances of the above offenses with Special Agent Julius Beretta of the San Francisco, California, office of the Bureau of Narcotics and Dangerous Drugs, who has directed and conducted the investigation herein, and has examined the affidavit of Special Agent Julius Beretta (attached to this appli- cation as Exhibit B and incorporated by reference here- in) which alleges facts therein in order to show that: a. There is probable cause to believe that “Pe- lone”, “Jim”, “Jessee”, “Mondo”, “Olivia, and others as yet unknown have committed and are committing of- fenses involving the illegal importation, receipt, trans- portation, concealment, distribution, and sale of nar- cotic drugs not in or from the original stamped package and a conspiracy to commit such offenses in violation of Section 174, Title 21, United States Code, and Sections 4704 (a) and 7237 (a) of Title 26, United States Code. b. There is probable cause to believe that the wire communications of Pelone“, Jim“, “Jessee”, “Mondo”, “Olivia”, and others as yet unknown, concerning these offenses will be obtained through their interception, au- thorization for which is herein applied. In particular, these wire communications will concern: (1) The communications between Pelone“, “Jim”, “Jesse”, “Mondo”, “Olivia”, and others as yet unknown concerning the availability of heroin illegally . from Mexico to the United States and trans- ported to Northern California. (2) The communications between Pelone“, “Jim”, Jessee“, “Mondo”, Olivia“, and others as yet unknown relative to the overall operation of an organiza- tion illegally importing and distributing heroin. (3) The communications between Pelone“, “Jim”, “Jesse”, “Mondo”, Olivia“, and others as yet un- known concerning the method and scope of distribution of heroin throughout Northern California. (4) The communications between Pelone“, “Jim”, “Jesse”, “Mondo”, “Olivia”, and others as yet un- known concerning the place of storage of heroin illegally into the United States from Mexico. (5) The communications between Pelone“, “Jim”, Jesse“, “Mondo”, Olivia“, and others as yet un- known concerning the number and identity-of the sellers of the heroin illegally imported into the United States by these individuals and others. c. Normal investigative procedures reasonably ap- pear unlikely to succeed. d. There is probable cause to believe that telephone number 415-471-7260 subscribed to in the name of James Fernandez and located at 1345 G Street, Union City, Cal- ifornia, has been used and is being used by Pelone“, “Jim”, “Jesse”, “Mondo”, “Olivia”, and others as yet un- ve in connection with the offenses described in 5(a) e. | 6) By Court Order dated February 18, 1971, the Honorable Oliver J. Carter, Chief Judge, United States Department of Justice, Northern District of California, authorized the interception of wire communications of Umberto Jose Chavez, Lionel Medina Costilla, and Jose Ybarra-Rivera, from telephone number 415-656-7173 for a maximum of twenty (20) days. Wire communications have been intercepted from the above-mentioned telephone from February 18, 1971 up to, and including, the date of this application. Other than the application made in support of the Order referred to in this paragraph, no other application has been made to any Judge for au- thorization to intercept or for approval of the intercep- 48 tion of wire or oral communications involving the same persons, facility or place specified herein. WHEREFORE, your affiant believes that probable cause exists to believe that Pelone“, “Jim”, “Jesse”, “Mondo”, Olivia“, and others as yet unknown, are en- gaged in the commission of offenses involving the illegal importation, receipt, transportation, concealment, distri- bution, and sale of narcotic drugs not in or from the original stamped package and a conspiracy to commit such offenses in violation of Section 174, Title 21, United States Code, and Sections 4704 (a) and 7287 (a) of Title 26, United States Code, and that telephone num- ber 415-471-7260, subscribed to in the name of James Fernandez and located at 1345 G Street, Union City, California, has been used and is being used by “Pelone”, “Jim”, “Jesse”, “Mondo”, “Olivia”, and others as yet un- known, in connection with the offenses described in 5 (a) above, and that communications of “Pelone”, “Jim”, “Jesse”, “Mondo”, “Olivia”, and others as yet unknown, concerning these offenses will be intercepted to and from the above described telephone and that normal investi- gative procedures reasonably appear unlikely to succeed. On the basis of the allegations contained in this appli- cation and upon the basis of the affidavit of Special Agent Julius Beretta, Bureau of Narcotics and Danger- ous Drugs, which is attached hereto and made a part thereof, affiant requests this Court to issue an Order pursuant to the power conferred on it by Section 2518 of Title 18, United States Code, authorizing Special Agents of the Bureau of Narcotics and conspire to commit such offenses, in violation of Section 174, Title 21, United States Code, and Sections 4704 (a) 49 and 7287 (a) of Title 26, United States Code, and which reveal the identity of their confederates, their places of operation and the nature of the conspiracy involved therein, for a period of twenty (20) days from the date of this Order, whichever is earlier. The Y. tions common carrier as defined in Section 2510 (10) of Title 18, United States Code, shall forthwith furnish the necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such carrier is according the persons whose com- munications are to be intercepted, the furnishing of such facilities or technical assistance by the Pacific Tele- and Telegraph Company to be compensated for by the applicant or the Bureau of Narcotics and Dangerous Drugs at the prevailing rates. MAuRICE K. MERTEN Attorney Department of Justice San Francisco, California Subscribed and sworn before me this day of , 1971. United States District Judge Assistant Attorney General | Criminal Division DEPARTMENT OF JUSTICE Washington 20530 Feb. 25, 1971 Mr. Maurice Merten Special Attorney San Francisco Strike Force San Francisco, California Dear Mr. Merten: This is with regard to your request for authorization to make application pursuant to the provisions of Section 2518 of Title 18, United States Code, for an Order of the Court authorizing the Federal Bureau of Narcotics and Dangerous Drugs and the Bureau of Customs, United States Department of the Treasury, to intercept wire communications to and from telephone number 415-471- 7260, located at 1845 G Street, Union City, California, in connection with the investigation into possible viola- tions of Sections 174, 4704(a) and 7237(a) of Titles 21 and 26, respectively, United States Code, by persons iden- tified only as “Pelone,” “Jim,” “Jesse,” Mondo, “Olivia” and others as yet unknown. I have reviewed your request and the facts and eireum- stances detailed therein and have determined that prob- able cause exists to believe that persons identified only as “Pelone,” “Jim,” “Jesse,” “Mondo,” “Olivia” and others as yet unknown have committed, are committing, or are about to commit offenses enumerated in Section 2516 of Title 18, United States Code, to wit: violations of Sections 174, 4704(a) and 7287(a), of Titles 21 and 26, respectively, United States Code. I have further de- termined that there exists probable cause to believe that the above persons make use of the described facility in connection with those 2 that wire communications concerning the offenses will be intercepted, and that nor- 51 mal investigative procedures reasonably appear to be un- likely to succeed if tried. Accordingly, you are hereby authorized under the pow- er specially delegated to me in this proceeding by the Attorney General of the United States, the Honorable John N. Mitchell, pursuant to the power conferred on him by Section 2516 of Title 18, United States Code, to make application to a judge of competent jurisdiction for an Order of the Court pursuant to Section 2518 of Title 18, United States Code, authorizing the Federal Bureau of Narcotics and Dangerous Drugs and the Bureau of Customs, United States Department of the Treasury, to intercept wire communications from the facility described above, for a period of twenty (20) days. Sincerely, * 52 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. 6 IN THE MATTER OF THE APPLICATION OF THE UNITED STATES OF AMERICA FOR AN ORDER AUTHORIZING THE INTERCEPTION OF WIRE COMMUNICATIONS . AFFIDAVIT IN SUPPORT OF APPLICATION Julius Beretta, Special Agent, San Francisco Office, Bureau of Narcotics and Dangerous Drugs, Department of Justice, being duly sworn, states: 1. I am a Special Agent of the Bureau of Narcotics and Dangerous Drugs. I have been so employed for two and one half years and have been assigned to the Bureau of Narcotics and Dangerous Drugs, San Francisco, Cali- fornia, Office, for that same period. I am an “investiga- tive or law enforcement officer—of the United States” within the meaning of Section 2510 (7) of Title 18, United States Code, that is—I am an officer of the United States who is authorized by law to conduct investigations of and to make arrests for offenses enumerated in Sec- tion 2516, Title 18, United States Code. 2. This affidavit seeks authorization to intercept wire communications to and from telephone number 415-471- 7260 subscribed to in the name of James Fernandez, 1345 G Street, Union City, California, in connection with the commission of certain offenses enumerated by Section 2516 of Title 18, United States Code, that is, offenses involving the illegal importation, receipt, transportation, concealment, distribution, and sale of narcotic drugs not in or from the original stamped package and a conspir- acy to commit such offenses, in violation of Section 174, Title 21, United States Code, and Sections 4704 (a) and 7287 (a) of Title 26, United States Code, which have been committed and are being committed by the indi- viduals known as Pelone“, Jim“, “Jesse”, “Mondo”, “Olivia”, and others as yet unknown. a 3. By Court Order dated February 18, 1971, the Hon- orable Oliver J. Carter, Chief Judge, United States De- partment of Justice, Northern District of California, au- thorized the interception of wire communications of Um- berto Jose Chavez, Lionel Medina Costilla, and Jose Ybarra-Rivera, from telephone number 415-656-7173 for a maximum period of twenty (20) days. Wire communi- cations have been intercepted from the above-mentioned telephone during the period February 18, 1971 up to and ineluding the date of this affidavit. Other than the ap- plication made in support of the Order referred to in this , no other application has been made to any Judge for authorization to intercept or for approval of the interception of wire or oral communications involving any of the same persons, facility, or place specified here- in. Attached hereto as Exhibit A and made a part there- of is the affidavit made in support of the Order authoriz- ing the interception of wire communications from tele- phone 415-656-7173 referred to above. As a result of my personal participation in the implementation of Judge Carter’s order of February 18, 1971, and my reference to logs of the interceptions made pursuant to that order, I am familiar with all of the circumstances of the of- . fenses. On the basis of that familiarity, I allege the following paragraphs show that: 53 (a) There is p e cause to believe that persons identified only as elone“, “Jim”, “Jim”, “Jesse”, “Mondo”, “Olivia”, and others as yet unknown, have committed and are committing offenses involving the illegal importation, receipt, transportation, conceal- ment, distribution, and sale of narcotic drugs not in or from the original stamped package and a conspir- acy to commit such offenses, in violation of Section 174, Title 21, United States Code, and Sections 4704 (a) and 7287 (a) of Title 26, United States Code. (b) There is probable cause to believe that wire com- munications of the individuals known only as “Pe- lone”, Jim“, “Jesse”, “Mondo”, “Olivia”, and others as yet unknown, concerning these offenses will be obtained through their interception, authorization 54 for which is herein applied. In particular, these wire communications will concern: (1) The communications between Pelone“, “Jim”, Jesse“, “Mondo”, “Olivia”, and others as yet unknown concerning the availability of heroin illegally imported from Mexico to the py States and transported to Northern Cali- (2) The communications between Pelone“, “Jim”, “Jesse”, “Mondo”, “Olivia”, and others as yet unknown relative to the overall operation of an organization illegally importing and dis- tributing heroin. (3) The communications between Pelone“, “Jim”, Jesse“, Mondo“, “Olivia”, and others as yet unknown concerning the method and scope of distribution of heroin throughout Northern California. (4) The communications between Pelone“, “Jim”, Jesse“, “Mondo”, “Olivia”, and others as yet unknown concerning the place of storage of heroin illegally imported into the United States from Mexico. (5) The communications between Pelone“, “Jim”, “Jesse”, “Mondo”, “Olivia”, and others as yet unknown concerning the number and identity of the sellers of the heroin illegally im- ported into the United States by these individ- uals and others. (e) Normal investigative procedures reasonably ap- pear unlikely to succeed. (d) There is probable cause to believe that tele- phone number 415-471-7260 subscribed to in the name of James Fernandez and located at 1345 G Street, Union City, California, has been used and is being used by Pelone“, Jim“, “Jesse”, “Mondo”, “Olivia”, and others as yet unknown, in connection with the offenses described in (a) above. eee ae — FACTS AND CIRCUMSTANCES PROBABLE CAUSE TO BELIEVE THAT “JIM” IS UTILIZING TELEPHONE NUMBER 415-471-7260 IN CONNECTION WITH COMMISSION OF OFFENSES INVOLVING THE ILLEGAL IMPORTATION, RE- CEIPT, TRANSPORTATION, CONCEALMENT, DIS- TRIBUTION, AND SALE OF NARCOTIC DRUGS NOT IN OR FROM THE ORIGINAL STAMPED PACKAGE IN VIOLATION OF SECTION 174, TITLE 21, UNIT- ED STATES CODE AND SECTIONS 4704 (a) AND 7287 (a) OF TITLE 26, UNITED STATES CODE. 4. Telephone number 415-471-7260 is subcribed to by James Fernandez, and located at 1845 G Street, Union City, California. 5. The logs of telephone number 415-656-7173 disclose that: (a) On February 19, 1971 at 8:07 p.m. a female called 471-7260 and asked for “Jim”. A male iden- tified as “Pelone” then replaced the female on tele- phone 415-656-7173 and spoke to the male who iden- tified himself as “Jim”. “Pelone” instructed “Jim” to break down $50,000.00 by five’s, ten’s, and twenty’s and put it where they put it before they go down. (b) On February 19, 1971 at 8:10 p.m. a male called 471-7260 and instructed the male answering to call “Louie” and tell him to only take money. (e) On February 21, 1971 at 3:30 p.m. a male called 471-7260 and told the male answering that he wanted “five fifties” and to deliver them to the usual place. 6. Based upon my experience as a Special Agent of the Bureau of Narcotics and Dangerous Drugs and my familiarity with the investigation of Umberto Jose Cha- vez and his organization, a usual quantity of packaging of heroin is in prophylactics with the value of $50.00 and that “pieces” refers to ounces of heroin. 7. The logs of telephone number 415-656-7173 further disclose that: (a) On February 21, 1971 at 9:17 p.m. a male called 471-7260 and the male answering told the male that he had “picked it up from Louie” and “gave Mondo the 93; plus the 5 you took makes 98”. b) On February 21, 1971 at 9:20 p.m. a male called 489-0620 and asked a male identified as Mondo“ if he received the things, and told him it would have to hold him for a few days but there would be more coming. (c) On February 21, 1971 at 10:36 p.m. a female called 886-9288 and after the female answering com- plained that she had only received 14 “pieces” in- stead of 15 “pieces” from “Jim”, the female caller related that she would only have to pay what “Jim” wrote in his book. (d) On February 22, 1971 at 8:41 a.m. a female called 471-7260 and told the female answering that if — calls to see Louie“, tell them to go see Mondo. (e) On February 22, 1971 at 2:09 p. m. a male called 471-7260 and asked the male identified as Jim“ if he was ready to go. “Jim” replied that he was get- ting ready to call and would call back. (f) On February 22, 1971 at 2:16 p.m. a male iden- tified as “Jim” called 415-656-7173 and told the male answering that he (Jim) is supposed to leave at four and has to be there thirty minutes early. A meeting was then set between the two where money was to be exchanged. The location of the place was _ identified as the dump and the time of the meeting was 3:00 p.m. 8. On February 22, 1971 at approximately 3:00 p.m. N beter to tne ae Sin Fernandez arrive at the Union City dump. Special Agent Art Johnson, 56a Bureau of Narcotics and Dangerous Drugs, an agent on surveillance at the Union City dump advised me that on the above date at shortly after 3:00 p.m. he observed a male known to him as Umberto Jose Chavez arrive at that location and meet with Jim Fernandez. Following this meeting I followed Jim Fernandez to the Oakland International Airport where he boarded a plane destined for San Diego, California. NORMAL INVESTIGATIVE PROCEDURES REASONABLY APPEAR UNLIKELY TO SUCCEED. 9. The logs of telephone 415-656-7173 further disclose that: (a) On February 22, 1971, at 6:42 p.m. a female called 415-656-7173 and told a male identified as pelone“ that when a third person left, that third person took the key to the place where the “chiva” was kept and she could not get any out. Further discussions revealed the female caller had present access to a small amount of chiva.“ “Pelone,” after instructing the female caller concerning that avail- able, told her to call him again. (b) On February 22, 1971, at 7:36 p.m., a female called 415-656-7173 and told a male identified as “Pelone” that she was able to open the suitcase. A sale price was then discussed. 10. I have been advised by Anthony A. Selaya, Special Agent, Bureau of Narcotics and Dangerous Drugs, who is fluent in Spanish, that “chiva” is the vernacular for heroin. Agent Celaya has also advised me that he has listened to conversations placed from telephone 415-656- 7178 to 415-471-7260 and that from his familiarity with the voice of the female who often answers 415-471-7260, the female referred to in 9 (a) and (b) above is the same female who often answers telephone 415-471-7260. 11. Based upon my knowledge as a Special Agent of the Bureau of Narcotics and Dangerous Drugs of nar- cotics cases, and my association with other Special Agents 56 b who have conducted investigations of illegal narcotics traffic, normal investigative procedures appear unlikely to succeed in establishing: (a) That Pelone“, Jim“, “Jesse”, “Mondo”, Oliv- ia”, and others as yet unknown are involved in il- legal narcotic activities in violation of Federal laws; 57 (b) The full extent of this consparicy to import and distribute the illegal narcotics imported from Mexico and transported to Northern California; and (e) The identity of the co-conspirators, aiders and abetters of the organization illegally importing and distributing heroin. 12. The house located at 1345 G Street, Union City, California is located in a predominantly Mexican-Ameri- can area in which other members of this organization reside. Consequently surveillance is practically impos- sible since Government vehicles and agents can be readily identified. 18. My experience and the experiences of other Spe- cial Agents of the Bureau of Narcotics and Dangerous Drugs has shown that individuals dealing in large quan- tities of narcotics are particularly covert in their activi- ties and wary of surveillance by law enforcement per- sonnel. 14. At this time there is no known undercover access to Jim Fernandez. 15. For the reasons set out here and above, all nor- mal avenues of investigation are closed and it is my be- lief that the only reasonable way to twenty (20) days from the date of the Order, whichever is earlier. JULIUS BERETTA Special Agent, Bureau of Narcotics and Dangerous Drugs San Francisco, California Office Subscribed and sworn to before me this day of , 1971. United States District Judge 58 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. 6 IN THE MATTER OF THE APPLICATION OF THE UNITED STATES OF AMERICA FOR AN ORDER AUTHORIZING THE INTERCEPTION OF WIRE COMMUNICATIONS ORDER AUTHORIZING THE INTERCEPTION OF WIRE COMMUNICATIONS TO: Special Agents of the Bureau of Narcotics and Dangerous Drugs and Special Agents of the United States Customs Agency Service, Bureau of Customs, De- partment of Treasury. Application under oath having been made before me by Maurice K. Merten, an attorney of the Organized Crime and Racketeering Section of the United States Department of Justice, and an “investigative or law en- forcement officer” as defined in Section 2510 (7) of Title 18, United States Code, for an order authorizing the in- terception of wire communications pursuant to Section 2518 of Title 18, United States Code, and full considera- tion having been given to the matters set forth therein, the Court finds: a. There is probable cause to believe that “Pelone”, “Jim”, “Jesse”, “Mondo”, “Olivia”, and others as yet un- known, have committed and are committing offenses in- volving the illegal importation, receipt, transportation, concealment, distribution, and sale of narcotic drugs not in or from the original stamped package and a conspir- acy to commit such offenses, in violation of Section 174, Title 21, United States Code, and Sections 4704 (a) and 7237 (a) of Title 26, United States Code. d. There is probable cause to believe that wire com- munications of Pelone“, “Jim”, “Jesse”, “Mondo”, “Oli- via”, and others as yet unknown, concerning these of- fenses will be obtained through their interception, au- thorization for which is herein applied. In particular, these wire communications will concern: * (1) The communications between Pelone“, “Jim”, “Jesse”, “Mondo”, “Olivia”, and others as yet concerning the availability of heroin illegally imported from Mexico to the United States and transported to Northern California. (2) The communications between “Pelone”, “Jim”, “Jesse”, “Mondo”, “Olivia”, and others as yet unknown relative to the overall operation of an organization ille- gally importing and distributing heroin. (3) The communications between “Pelone”, “Jim”, “Jesse”, “Mondo”, “Olivia”, and others as yet unknown concerning the method and scope of distribution of heroin throughout Northern California. (4) The communications between Pelone“, “Jim”, “Jesse”, “Mondo”, “Olivia”, and others as yet unknown concerning the place of storage of heroin illegally im- into the United States from Mexico. (5) The communications between Pelone“, “Jim”, “Jesse”, “Mondo”, “Olivia”, and others as yet unknown concerning the number and identity of the sellers of the heroin illegally imported into the United States by these individuals and others. e. Normal investigative procedures reasonably appear unlikely to succeed. d. There is probable cause to believe that telephone number 415-471-7260 subscribed to in the name of James Fernandez and located at 1345 G Street, Union City, Cali- fornia, has been used and is being used by “Pelone”, “Jim”, Jesse“, “Mondo”, Olivia“, and others as yet un- — in connection with the offenses described in (a) above. WHEREFORE, it is hereby ordered that: Special Agents of the Bureau of Narcotics and Dan- gerous Drugs, United States Department of Justice and Special Agents of the United States Customs Agency Service, Bureau of Customs, Department of Treasury, are authorized, pursuant to the application authorized by the Assistant Attorney General for the Criminal Division of the United States Department of Justice, the Honor- able Will Wilson, who has been specially designated in —S.. this proceeding by the Attorney General of the United States, the Honorable John N. Mitchell, to exercise the powers conferred on the Attorney General by Section 2516 of Title 18, United States Code, to: (1) Intercept wire communications of “Pelone”, “Jim”, “Jesse”, “Mondo”, “Olivia”, and others as yet unknown, concerning the above described offenses to and from tele- phone 415-471-7260, subscribed to in the name of James Fernandez and located at 1345 G Street, Union City, California. (2) Not automatically terminate the interception when the described type of communications sought are first ob- twenty (20) days from he date of the Order, which will reveal the manner in which Pelone“, “Jim”, “Jesse”, “Mondo”, “Olivia”, and others as yet unknown, illegally age, and conspire tp commit such offenses, in violation of Section 174, Title 21, United States Code, and Sec- tions 4704 (a) and 7237 (a) of Title 26, United States Code, and which will reveal the identity of con- federates, their places of operation, and the nature of the conspiracy involved therein. munications not otherwise subject on Chapter 119 of Title 18, Uni and (10) of Title 18, United States Code, i furnish the Applicant and the Bureau of Narcotics and Dangerous Drugs all information, facilities, and techni- cal assistance necessary to accomplish the i — 3 | unobtrusively and with a minimum of interference with the services that such carrier is according the persons whose communications are to be intercepted. the furnishing of such facilities or technical assistance by the Pacific Telephone and Telegraph Company to be compensated for by the Applicant or the Bureau of Nar- coties and Dangerous Drugs, Department of Justice, at the prevailing rates. PROVIDING ALSO, that Maurice K. Merten shall pro- vide the Court with a report on the 5th, 10th, and 15th days following the date of this Order showing what prog- ress has been made toward achievement of the authorized objective and the need for continued interception: * „ Oliver J. Carter United States District Judge This 25 day of February 1971 at 3:25 O’Clock P.M. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. 6 IN THE MATTER OF THE APPLICATION OF THE UNITED STATES OF AMERICA FOR AN ORDER AUTHORIZING THE Use OF PEN REGISTERS OR TOUCH TONE DECODERS ORDER AUTHORIZING THE USE OF PEN REGISTERS OR TOUCH TONE DECODERS TO: Special Agents of the Bureau of Narcotics and Dangerous Drugs and Special Agents of the United States Customs Agency Service, Bureau of Customs, De- partment of Treasury. Affidavit under oath having been made before me by Julius Beretta, Special Agent of the Bureau of Narcotics and Dangerous Drugs, United States Department of Jus- tice, and full consideration having been given to the matters set forth therein, the Court finds: a. There is probable cause to believe that “Pelone”, “Jim”, “Jesse”, “Mondo”, “Olivia”, and others as yet un- known have committed and are committing offenses in- volving the illegal importation, receipt, transportation, concealment, distribution, and sale of narcotic drugs not in or from the original stamped package and a conspir- acy to commit such offenses, in violation of Section 174, Title 21, United States Code, and Sections 4704 (a) and 7237 (a) of Title 26, United States Code. b. There is probable cause to believe telephone number 415-471-7260, subscribed to in the name of James Fer- nandez, and located at 1845 G Street, Union City, Cali- fornia, has been used and is being used by Pelone“, “Jim”, “Jesse”, “Mondo”, “Olivia”, and others as yet un- known, in connection with the offenses described in (a) a WHEREFORE, it is hereby ordered that: Special Agents of the Bureau of Narcotics and Dan- gerous Drugs, and Special Agents of the United States 0 63 Customs Agency Service, Bureau of Customs, Department of Treasury, are authorized to: a. Install mechanical devices on telephone number 415- 471-7260, subscribed to in the name of James Fernandez, and located at 1345 G Street, Union City, California, which will reveal the telephone numbers of all outgoing calls dialed from the above described telephone. b. Continue use of such mechanical devices in opera- tion until the telephone numbers of all outgoing calls dialed lead to the identities of the confederates of the conspiracy involving the importation and distribution of illegal narcotics, and their places of operation, for a pe- riod of twenty (20) days from the date of this Order, whichever is earlier. PROVIDING THAT, this authorization to install and operate the above described mechanical devices must ter- minate upon attainment of the authorized objective or, in any event, at the end of twenty (20) days from the date of this Order. /s/ Oliver J. Carter United States District Judge DATE February 25, 1971 — 64 JAMES E. RITCHIE Organized Crime and Racketeering Section U.S. Department of Justice 450 Golden Gate Avenue, Box 36132 San Francisco, California 94102 (415) 556-0750 Attorney for the Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Criminal No. 71-406 SAW UNITED STATES OF AMERICA, PLAINTIFF v. UMBERTO JOSE CHAVEZ, also known as Pelon; IRENE CHAVEZ; JAMES FERNANDEZ; ANN FERNANDEZ; OLIVIA MIRAMONTES, also known as Olivia Montes; JESSE BUSTAMANTE; ARMANDO RAMIREZ, also known as Mando; CARMEN RAMIREZ; DELORES FERNANDEZ; GEORGE APODACA; MARGARET APODACA; VERNON BACA; FILEMON MIRAMONTES; and VIOLATIONS: 21 U.S.C. 173, 174—Conspiracy to Import and Distribute Heroin. 18 U.S.C. 1952—Interstate Travel with the In- tent to Promote a Business Enterprise Involv- ing Narcotics INDICTMENT COUNT ONE: (Title 21, United States Code, Sections 173 and 174) The Grand Jury Charges: THAT From on or about the 18th day of February, 1971, the exact date being to the Grand Jury unknown, and con- tinuing thereafter to the 27th day of February, 1971, within the Northern District of California, UMBERTO JOSE CHAVEZ, also known as Pelon; IRENE CHAVEZ; JAMES FERNANDEZ; ANN FERNANDEZ; OLIVIA MIRAMONTES, also known as Olivia Montes; JESSE BUSTAMANTE; ARMANDO RAMIREZ, also known as Mando; CARMEN RAMIREZ; DELORES FERNANDEZ; GEORGE APODACA; MARGARET APODACA; VERNON BACA; FILEMON MIRAMONTES; and PEDRO ARAUJO, the defendants herein, and an individual known only to the Grand Jury as John Doe, also known as “Louie”, named herein as a co-conspirator but not as a defendant, did wilfully, knowingly and unlawfully conspire together and with divers other persons whose names are to the Grand Jury unknown, to violate Sections 173 and 174, Title 21, United States Code, by conspiring to import and bring into the United States quantities of the nar- cotic drug heroin contrary to law, and to receive, conceal, sell and facilitate the transportation, concealment and f See sale of quantities of the narcotic drug heroin which had been imported and brought into the United States con- trary to law, knowing that the said narcotic drugs had been imported and brought into the United States con- trary to law. The Grand Jury further charges that in furtherance of the said conspiracy and to effectuate the objects there- of, the defendants committed, in the Northern District of California, the following: Overt Acts 1. On February 19, 1971, Vernon Baca placed a tele- phone call to the residence of Umberto Jose Chavez, Fre- mont, California. 2. On February 22, 1971, James Fernandez departed by airplane from the Oakland International Airport, Ala- meda County, California. 3. On February 26, 1971, Ann Fernandez met Olivia Miramontes in the vicinity of Levine Hospital, Hayward, California. 4. On February 27, 1971, George Apodaca delivered an automobile tire to the residence located at 1167 C Street, Hayward, California. COUNT TWO: (Title 18, United States Code, Section 1952) The Grand Jury Further Charges: THAT On or about the 24th day of February, 1971, in the Northern District of California, UMBERTO JOSE CHAVEZ, also known as Pelon, a defendant herein, did use and cause others to use a facility in foreign commerce, to wit, a telephone, between the Northern District of California and the Republic of Mexico, with the intent to promote, manage, establish, carry on, and facilitate the promotion, management and carrying on of an unlawful activity, that is, a business enterprise involving narcotics in violation of Sections 11500, 11500.5, and 11501 of the California Health and 14 1 75 67 Safety Code, and thereafter, UMBERTO JOSE CHAVEZ, did perform and cause to be performed acts to promote, manage, establish and carry on and facilitate the promo—- tion, management, establishment, and carrying on of the said unlawful activity, in violation of Title 18, United States Code, Section 1952. COUNT THREE: (Title 18, United States Code, Section 1952) The Grand Jury Further Charges: THAT On or about the 22nd day of February, 1971, in the Northern District of California, JAMES FERNANDEZ, a defendant herein, did travel in foreign commerce be- tween the Northern District of California and the Re- public of Mexico, with the intent to promote, manage, establish, carry on, and facilitate the promotion, manage- ment and carrying on of an unlawful activity, that is, a business enterprise involving narcotics, in violation of Sections 11500, 11500.5, and 11501 of the California Health and Safety Code, and thereafter, JAMES FER- NANDEZ, did perform and cause to be performed acts to promote, manage, establish and carry on and facilitate the promotion, management, establishment, and carrying on of the said unlawful activity, in violation of Title 18, United States Code, Section 1952. A TRUE BILL s, Donald L. [Illegible] Foreman /s/ James L. Browning, Jr. JAMES L. BROWNING, JR. United States Attorney /s, James E. Ritchie JAMES E. RITCHIE Attorney in Charge Organized Crime and Racketeering Section U.S. Department of Justice San Francisco, California JAMES F. HEWITT Federal Public Defender EARLE A. PARTINGTON Assistant Federal Public Defender 450 Golden Gate Avenue, PO Box 36106 . San Francisco, California 94102 Telephone: 556-7712 Counsel for Defendant George Apodaca IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Criminal No. 71-406 SAW [Filed Apr. 13, 1972, C. C. Evensen, Clerk] UNITED STATES OF AMERICA, PLAINTIFF V. UMBERTO CHAVEZ, Er AL., DEFENDANTS NOTI F MOTION AND MOTION TO 8 SS WIRETAP EVIDENCE TO: THE UNITED STATES ATTORNEY AND MAU- RICE K. MERTEN, SPECIAL ATTORNEY, DE- PARTMENT OF JUSTICE: PLEASE TAKE NOTICE that the defendants by and through their counsel on the llth day of May 1972 at 2:15 p.m. before the Honorable Stanley A. Weigel will move this court, and do so move this court, for an order, pursuant to Rule 41(e) of the Federal Rules of Crimi- nal Procedure, 18 U.S.C. § 2518(10)a, and all other ap- plicable law, suppressing the wiretap evidence and the fruits thereof. 69 This motion is based upon the files and records of this case, the files and records of United States v. Eckstein, et al., N.D. Cal. CR-71-1531 SC, including the wiretap applications in that case, the attached memorandum of points and authorities, and any further authorities and matters which may be raised at argument or other ap- propriate times. Dated: April 7, 1972 JAMES F. HEWITT Federal Public Defender /s/ Earle A. Partington EARLE A. PARTINGTON Assistant Federal Public Defender Submitted on behalf of and with authority from all counsel whose signatures appear upon the attached points and authorities. 70 JAMES F. HEWITT Federal Public Defender EARLE A. PARTINGTON Assistant Federal Public Defender 450 Golden Gate Avenue, P.O. Box 36106 San Francisco, California 94102 Telephone: 556-7712 Counsel for Defendant George Apodaca IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Criminal No. 71-406 SAW UNITED STATES OF AMERICA, PLAINTIFF V. UMBERTO CHAVEZ, Er AL., DEFENDANTS. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS’ MOTION TO SUPPRESS THE WIRETAP EVIDENCE I. THE INTERCEPTIONS OF WIRE COMMUNI- CATIONS. WERE NOT MADE IN ACCORD- ANCE WITH THE PROVISIONS OF 18 U.S.C. § 2516 AND 2518. A. The First Order (Chavez tap) The material relating to the tap of the Chavez phone consists of seven documents: 1. A memorandum from Attorney General John Mitch- ell, dated February 18, 1971, “specially designating” Assistant Attorney General Will Wilson to exercise the power to authorize Maurice Merten to apply to this Court for an order authorizing the interception of wire com- munications. (Appendix Al) 2. A letter of authorization, dated February 18, 1971, purportedly signed by Will Wilson, Assistant Attorney General, to the effect that Wilson had reviewed the “re- _ i quest and the facts and circumstances detailed therein” and concluded that “probable cause” exists to believe that named persons were violating the narcotics laws, and a further finding of probable cause to believe that they will use the described communication facility in connec- tion with those offenses. The letter continues as follows: Accordingly, you are hereby authorized under the power specially designated to me in this proceeding by the Attorney General of the United States, the Honorable John N. Mitchell, pursuant to the power conferred on him by Section 2516 of Title 18, United States Code, to make application, etc... . (Appendix A2) 3. An application filed in this court in which it was stated that pursuant to the powers conferred on him by Section 2516 of Title 18, United States Code, the Attor- ney General of the United States, the Honorable John N. Mitchell, has specially designated in this proceeding the Assistant Attorney General for the Criminal Division of the United States Department of Justice, the Honorable Will Wilson, to authorize affiant to make this application for an order authorizing the interception of wire com- munications.” (Appendix A3) 4. The affidavit in support of the application. (Ap- pendix A4) 5. The two orders of this Court granting the appli- cation as “authorized by the Assistant Attorney General for the Criminal Division of the United States Depart- ment of Justice, the Honorable Will Wilson, who has been specially designated in this proceeding by the Attorney General of the United States, the Honorable John N. Mitchell, to exercise the powers conferred on the Attor- ney General by Section 2516 of Title 18, United States Code.” (Appendix A5) 6. The affidavit of Henry Petersen, then a Deputy Assistant Attorney General in the Criminal Division, re- lating to the processing of the application. His affidavit sets forth the following procedure: 71 a. A request for a wire interception order was made by the Narcotics Bureau; 5 72 b. The Department file is then reviewed by an attor- ney in the Criminal Division, in this case Philip T. White, who recommended “favorable action” on the request; e. White’s superior, William Lynch, approved the rec- ommendation ; d. The file then went to Henry Petersen who exam- ined it and forwarded it to the Office of the Attorney General, also recommending that the authorization be granted; e. After approval by the “Office of the Attorney Gen- eral,” Henry Petersen signed Will Wilson’s name to a letter (Appendix A2) authorizing the application to the court for the wiretap. Will Wilson, the “specially desig- nated” official, never saw the file. This procedure was “standard.” (Appendix A6) 7. The affidavit of Sol Lindenbaum, Executive Assist- ant to the Attorney General, in which Mr. Lindenbaum states: With respect to the [Chavez tap], the Attorney Gen- eral on February 18, 1971, approved the request that the authorization be given to Maurice Merten to make application for an interception order . . At- tached is a copy of the Attorney General's personally initialled memorandum of that date to Will Wilson reflecting his favorable action on the request. (Appendix A7) From these seven documents it is apparent that, with deference Mr. Lindenbaum, the Attorney General's memorand does no more than specially designate“ Will Wilson to exercise the power conferred on the At- torney General by statute to authorize Merten’s appli- cation. By implication this authority could have been used to refuse authorization for the tap. And, pursuant to this “special designation” Will Wilson found “prob- able cause” and exercised the delegated power by his letter of February 18, 1971. The Attorney General did not assert that he found probable cause, or that he reviewed the request, or that he had any knowledge of the case other than that ap- proval had been recommended. His delegation of Will 73 Wilson was ministerial, and while he initialled the memo- randum, it is significant that Sol Lindenbaum also placed the Attorney General's initials on a similar memoran- dum (See Appendix A7.) These facts would bring this case within the holding of United States v. Robinson, infra. The government will no doubt attempt to bring this case within United States v. La Gorga, 336 F.Supp. 190 (W. D. Pa. 1971), wherein it was held that it made no difference if Will Wilson's name was signed by Henry Petersen where the Attorney General personally authorized the submission of an ap- plication. La Gorga can be distinguished from the pres- ent case in which the Attorney General did no more than designate Will Wilson to review the application. Regard- less of this distinction, La Gorga would seem inconsistent with Robinson. B. The Second Order (Fernandez tap) The material relating to the tap of the Fernandez phone consists of seven documents: 1. A memorandum from Attorney General John Mitch- ell, dated February 25, 1971, “specially designating” Assistant Attorney General Will Wilson to exercise the power to authorize Maurice Merten to apply to this Court for an order authorizing the interception of wire com- munications. (Appendix B1) 2. A letter of authorization, dated February 25, 1971, purportedly signed by Will Wilson, Assistant Attorney General, to the effect that Wilson had reviewed the “re- quest and the facts and circumstances detailed therein” and concluded that “probable cause“ exists to believe that named persons were violating the narcotics laws, and a further finding of probable cause to believe that they will use the described communication facility in connec- tion with those offenses. The letter continues as follows: . Accordingly, you are hereby authorized under the power specially designated to me in. this proceeding by the Attorney General of the United States, the Honorable John N. Mitchell, pursuant to the power „Mitchell, has specially designated i the Assistant Attorney General for the Criminal Division of the United States Department of Justice, the Honor- cation for an order authorizing the interception of wire communications.” (Appendix B3) 4. The affidavits in support of the application. (Ap- pendix B4) 5. The two orders of this Court granting the appli- cation as “authorized by the Assistant Attorney General for the Criminal Division of the United States Depart- ment of Justice, the Honorable Will Wilson, who has been designated in this proceeding by the Attorney specially General of the United States, the Honorable John N. Mitchell, to exercise the powers conferred on the Attorney General by Section 2516 of Title 18, United States Code.” (Appendix B5) 6. The affidavit of Sol Lindenbaum, Executive Assist- ant to the Attorney General, in which Mr. Lindenbaum states: i ts of the statute and also concluded, from my knowledge of the Attorney Gen- eral’s actions on previous cases, that he would ap- prove the request if submitted to him. Because the Attorney General was not available on this occasion, I eee he had given to me to act in the circumstances 75 that authorization be given to Maurice Mer- ten to make application for an interception order. (Appendix A7) 7. The affidavit of Harold P. Shapiro, Deputy As- sistant Attorney General, Criminal Division, wherein Mr. Shapiro states he signed Will Wilson’s hame to the let- ter of authorization (Appendix B2) for the application for the wiretap. (Appendix B6) From these seven documents it can be seen that the followed for approval of the Fernandez tap was similar to that used in the Chavez tap, with two major modifications: Sol Lindenbaum placed John N. Mitchell’s initials on the memorandum dated February 25, 1971, after con- cluding that the request satisfied the statute. Linden- baum stated that the memorandum “approved a request that authorization be given to Maurice Merten to make application for an intenception order.” Again, with def- erence, the memorandum just does not say that. It simply purports to “specially designate” Will Wilson to exercise the to authorize the wiretap. By impli- cation Will Wilson could have refused authorization for z 5 i 8 th the designating memorandum of February 25, „ purported to exercise the power so delegated to A General. In addition, Harold Sha- Deputy Assistant Attorney General, signed 's name to the letter of February 25, 1971. it is apparent that neither the Attorney Gen- his specially designated Assistant performed the function required by the statute, that of and determining whether such of privacy was justified in the public This procedure is not in accordance with the ppeals for the Fifth Circuit has re- Tanne Hl 76 cedures set forth in 18 U.S.C. § 2516 and 2518 were not followed (United States v. Robinson, decided January 12, 1972), copy of which is attached as Appendix C. The Fifth Circuit held that Congress intended to vest a “publicly responsible official subject to the political proc- ess” with the responsibility for giving his “personal at- tention” to such matters. This view was followed in United Stathe v. Cihal, 386 F.Supp. 261 (W. D. Pa. 1972), and United tes v. Aquino, —— F.Supp. —— (E. D. Mich., Jan. 17, 1972). “In the instant case, the allegation in the applications that Will Wilson, the designated official, had reviewed the requests and found probable cause was simply not true. It is not clear what the District Court would have done had it known the true circumstances, but it acted upon an assurance that a high official as required by statute had made the threshold determination to request authori- ty to intercept these private conversations. The enactment of Title III of the Omibus Crime Con- trol and Safe Streets Act of 1968, the wiretap provisions, was not free from difficulty. Strong views were expressed von both sides of the question. 1968 U.S. Code, Con- gressional and Administrative News, Vol. 2, pp. 2209- 2309. It was obvious that Congress was concerned about “rubber stamp” approval of wiretap authorizations. The dual requirement of executive and judicial determination prior to such invasions may have been a determining factor in the passage of the legislation. As the Court of Appeals said in Robinson, supra: Congress could justifiably feel it important that the public know that only an identifiable person subject to the political process could trigger the unknown, unseen, unheard intrusion into private affairs that constitutionally protected against unreasonable searches, entitled to freedom from self-incriminatory results, and presumptively innocent. Since the statutory requirements were not met in this case, the wiretap order is invalid and the intercepted wire communications should be suppressed. Se Il THE ORDER AUTHORIZING THE WIRETAP WAS BEYOND THE AUTHORIZATION OF THE ATTORNEY GENERAL FOR THE APPLICATION. 77 From a reading of Section 2516 of Title 18, it is clear that a dual screening process is required. First, a re- sponsible Justice Department official must determine that the procedure is warranted by the particular case. He must, in order to make this essential determination be satisfied that the proposed wiretap is related to a specific offense, that normal procedures are inadequate, and that statutory limitations are imposed upon the request. These requirements “go a long way toward guaranteeing that no abuse will happen.” Senate Report No. 1097, U.S. Code and Congressional News, Vol. 2, p. 2185. Secondly, a judicial officer above the magistrate level (District Court or Court of Appeals, see 18 U.S.C. §2510(9) (a)) must exercise that detached judgment essential to meet the demands of the Fourth Amendment, so that “no greater invasion of privacy [would be] per- mitted than was necessary under the circumstances.” Berger v. New York, 388 U.S. 41 at 57, 87 S.Ct. 1878, at 1882. This aspect of the statute provides for the ju- dicial order to accommodate the legitimate needs of law enforcement” by permitting the authorization of the carefully limited use of electronic surveillance. Katz V. United States, 389 U.S. 347 at 356, 88 S.Ct. 507, at 514 (1967). Once the Executive Department, acting through the statutorily authorized official, has approved a “carefully limited” request to the Court for a wiretap order, it would defeat the purpose of the statute to allow the and discriminate circumstances” were present to meet States, supra. Section 2518(1) of Title 18 provides that application under oath be made to a judge, and that such application : — 78 “shall state the applicant’s authority to make such ap- plication,” and shall include a: N (b) ... (iii) particular description of the type of communications sought to be intercepted... . In the instant case, the authority to make application was granted by Will Wilson, specially delegated by the Attorney General. See letters dated February 18, 1971, and February 25, 1971. (Appendices A2 and B2) The letters purport to authorize Maurice Merten to make ap- plication to a judge for an order authorizing drug agents “to intercept wire communications from a facility de- scribed . . for twenty days.” (Emphasis supplied) Sig- nificantly, the letter recites that a broader authorization was sought, to “intercept .wire communications to and from” certain telephone numbers. Thus, the Attorney General limited the authorization to calls from the num- bers. These letters of authorization were attached to the formal applications. (Appendices A3 and B3) Notwithstanding the “carefully limited” scope of the aouthorization, application was made to the court for an order authorizing the interception of wire communica- tions “to and from” certain numbers. That this question of “to and from” is significant to the government as well as to the defense, it is only necessary to look at United States v. Eckstein, et al., N.D.Cal. CR- 71-1531 SC dismissed February 18, 1972, in which five letters of authorization Acting on the application “authorized by the Assistant Attorney General for the Criminal Division of the United States Department of Justice, the Honorable Will Wilson, who has been specially designated in this proceeding by the Attorney General.. , the court authorized wire- taps “to and from” the facility clearly in excess of the executive authorization. For these additional reasons, all wire communications to to the specified telephone should be suppressed. 8 III. CONCLUSIONS The entire area of electronic eavesdropping is a sensi- tive one. It augers the police state our forefathers sought to prohibit; and a future we must protect. The leg- islative history of Title III of the Safe Streets Act sup- ports the conclusion that Congress was aware of the po tential for abuse in blanket power to wiretap. When such a power is exercised, it must be with circumspection consistent with this legislative purpose. Here the Con- gress’ fears were realized. The “specially designated” As- sistant Attorney General, Will Wilson, “did not examine either file or expressly authorize either application.” (See affidavits of Harold Shapiro, Appendix B6, and Henry Petersen, Appendix A6.) The applications were handled routinely in accordance with “standard procedures.” The Court was told that Will Wilson, the special designee, had reviewed the files. He had not. Additionally the orders applied for and granted were in excess of the scope of the invasion approved. The Fourth Amendment that statutes such as this be interpreted strictly. Only by literal compliance can this most serious of in- trusions into man’s privacy be controlled. Any relaxation — of these self-imposed restraints can only weaken the Constitutional protections in this important area. Accordingly, the conversations intercepted pursuant to the instant orders and all information obtained there- from should be suppressed. DATED: April 6, 1972 80 Respectfully submitted, /s/ William L. Osterhoudt /s/ Murray B. Petersen 2 Defendant —— Defendant Attorney for or Vernon Baca Dolores /s/ Andre T. Laborde /s/ Claude O. Allen T. LABORDE Attorney for Defendant Attorney for Defendant Jesse /s/ Earle A. /s/ Peter G. Keane EARLE A. PARTINGTON PerTer G. KEANE Attorney for Defendant Attorney for Defen [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386414_0276%3A1. Public record. Not legal advice.