522 P.3d 951
Utah Ct. App.2022Background
- Brock Adam Pickett was identified as a member of the Titanic Crip Society (TCS), a Weber County criminal street gang.
- As part of a TCS investigation, the district court authorized wiretaps on mobile phones of two of Pickett’s associates, Tamer and Sadat Hebeishy.
- Evidence from those wiretaps was used to charge Pickett with pattern of unlawful activity and aggravated assault, both with gang enhancements.
- Pickett moved to suppress the wiretap-obtained evidence, arguing the wiretap applications failed the necessity requirement of Utah’s Interception of Communications Act § 77-23a-10(1)(c).
- The district court denied suppression; Pickett entered a conditional guilty plea reserving the right to appeal the suppression ruling.
- The Court of Appeals, following the companion opinion in the related Hebeishy case, affirmed the denial of the suppression motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the wiretap applications satisfied the Act’s necessity requirement | State: applications showed prior investigative efforts and that interception was necessary to obtain evidence of gang activity | Pickett: applications did not adequately show other techniques were tried or insufficient; necessity not established | Court: affirmed—applications met the Act’s necessity requirement; suppression denied |
Key Cases Cited
- State v. Sadat Hebeishy, 2022 UT App 134 (companion opinion addressing same wiretap necessity issue and sustaining authorization)
- State v. Tamer Hebeishy, 2022 UT App 136 (companion opinion arising from the same investigation and factual context)