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Date: 06-07-2024

Case Style:

United States of America v. Marco Dewayne Phillips

Case Number: 4:20-CR-285

Judge: John F. Heil

Court: United States District Court for Northern District of Oklahoma (Tulsa County)

Plaintiff's Attorney: United States District Attorney's Office in Tulsa

Defendant's Attorney:

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Tulsa, Oklahoma criminal defense lawyer represented the Defendant charged with international drug trafficking.

The District Court entered an order authorizing a wiretap.

Wiretaps can be authorized only when the government shows necessity. This showing can involve

1. a past failure to successfully use traditional investigative techniques or

2. an apparent futility or danger in trying such techniques. 18 U.S.C. § 2518(1)(c), 2518(3)(c). But once a wiretap is approved, the defendant bears the burden of showing that the district court shouldn’t have granted authorization. United States v. Portillo-Uranga, 28 F.4th 168, 174 (10th Cir. 2022).

Outcome: Defendant was found guilty.

Affirmed on appeal.

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