As to each warrant, defendant Gruber moves to suppress evidence on the same two grounds: first, that the search warrants lack sufficient particularity and, second, that once allegedly improper materials are removed from the supporting affidavit, probable cause for issuance of the warrant did not exist. งง 848(b) and 848(c).ĭefendant Gruber has filed a Combined Motion To Suppress in which he seeks to suppress evidence obtained as a result of the execution of four search warrants. งง 922(g) (1) and 924(a) (2), and with engaging in a continuing criminal enterprise, in violation of 21 U.S.C. ง 1959(a) (3), firearms offenses, in violation of 18 U.S.C. ง 1956(a) (1) (B) (i), the commission of violent crimes in aid of racketeering activity, in violation of 18 U.S.C. ง 2321, money laundering, in violation of 18 U.S.C. ง 1512(b) (3), possessing with intent to sell a motor vehicle part knowing that the vehicle identification number of the part had been removed, obliterated, tampered with and altered, in violation of 18 U.S.C. งง 841(a) (1) and 841(b) (1) (A) (viii), distributing and possessing with intent to distribute methamphetamine, in violation of 21 U.S.C. ง 1962(d), conspiracy to distribute and possession with intent to distribute methamphetamine, in violation of 21 U.S.C. ง 1962(c), conspiracy to commit racketeering activity, in violation of 18 U.S.C. On September 28, 1995, defendant Jeffrey Paul Gruber, along with thirteen others, was charged in forty count superseding indictment with racketeering, in violation of 18 U.S.C. The court, therefore, is called upon here to undertake the task of ascertaining whether the search warrants and wiretap authorizations employed in the investigation of this case were lawful. 1050ĭefendant's motions to suppress the fruits of wiretap orders and search warrants raise multiple claims, all of which surround the validity of the search warrants and the wiretap authorizations. Gruber's facial challenges to interception order and extensions. Probable cause for authorizing Title III interception. Challenges To Interception Of Wire Communications. Probable cause for the warrants' issuance. Specificity of the search warrants in this case. Facts Relating To Interception Of Wire Communications. Facts Relating To Issuance Of Search Warrants. ORDER REGARDING DEFENDANT GRUBER'S MOTIONS TO SUPPRESS
Hartley, Colorado Springs, CO, for Defendant Gruber. Taylor, Cedar Rapids, IA, for Defendant Pierce.ĭennis W.
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