United States v. Edwards, 904 F. Supp. 2d 7

Edwards is charged by superseding indictment with conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and carrying a firearm during a drug offense.
The Government obtained wiretaps on three cellular telephones linked to Bowman; focus is on TT2 affidavit supporting TT2 interception.
TT2 authorizations were issued Jan 13, Feb 11, Mar 11, and Apr 8, 2011; Edwards was not disclosed as a possible target until the April 8, 2011 application.
TT3 interception was authorized Mar 19, 2011, with Edwards disclosed as a possible target in its supporting affidavit.
The Court previously denied suppression and this motion is a pro se request to reconsider; the court will assess whether disclosure and probable cause requirements were met.
As to background, Donovan governs the limits of suppressing a wiretap for violations of disclosure requirements, but does not by itself mandate suppression for missing subsection b disclosures.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Edwards was properly named as a possible target under §2518(1)(b).	Edwards should have been named given probable cause.	Disclosures were incomplete; Edwards should have been targeted.	No suppression based on non-disclosure; threshold not met.
Whether Donovan dictates that subsection b violations cannot support suppression.	Donovan requires suppression if target not disclosed.	Donovan does not require suppression for non-disclosure alone.	Donovan not basis for suppression here; threshold not satisfied.
Whether as of March 11, 2011 there was probable cause Edwards’s conversations would be intercepted on TT2.	Pattern and background contact supported probable cause.	Evidence shows lack of probable cause as Edwards not intercepted prior to March 11, 2011.	No probable cause as of March 11, 2011.
Whether the purported pattern of meetings between Edwards and Bowman justified interception.	Multiple meetings implied likelihood of background interceptions.	Pattern is insufficient; only two meetings in ~60 days not probative.	Insufficient to establish probable cause.

United States v. Donovan, 429 U.S. 413 (1977) (standards for government disclosure in wiretap applications)