Wiretap Affidavit, Order, and Application Analysis and Evaluation.
Todd will prepare an analysis of whether law enforcement established “Probable Cause” that a subject was utilizing a specific device to further a delineated illegal activity.
Todd will provide counsel with a detailed wiretap affidavit report that focuses on the “Necessity” of the wiretap and whether law enforcement has provided a showing that the wiretap was necessary to its investigation. Other questions to be answered include: Did law enforcement jump from wiretap to wiretap without proving necessity? Did law enforcement show how traditional investigative techniques were tried and failed or proved too dangerous to employ? Did law enforcement show how various traditional investigative techniques were utilized for the targets of each wiretap affidavit? Todd will review the use of the following investigative techniques including; physical surveillance, confidential Informants, controlled purchases of narcotics, pen registers, phone tracking, search warrants, undercover officers, video coverage, trash searches, grand jury, mail cover, police intelligence records, financial investigation, interviews, and automobile tracking.
Todd will work with counsel to determine if law enforcement committed “Franks Hearing” issues or presented false or misleading information to the Court. This is accomplished through a detailed review of the information provided in the wiretap affidavits and the associated discovery. All statements contained in the wiretap affidavit should be supported by documented discovery.
Todd's primary focus lies in assessing whether law enforcement has successfully established "Probable Cause" to believe that a specific device was utilized in furtherance of delineated illegal activities by the subject. This initial analysis serves as a cornerstone in determining the legitimacy of wiretap applications, requiring careful examination and evaluation of the evidence presented.
Todd will provide an Expert Report for the Court detailing each wiretap affidavit. Todd will also provide a report for counsel detailing the Strengths and Weaknesses of the Affidavit along with a Linesheet/Minimization review, Affidavits in Support of Additional Discovery, Cross-Examination Questions for affiants during Wiretap Suppression Hearings, and a complete Review of all Search Warrant Affidavits. Todd will also be available to assist counsel during the wiretap suppression hearing and the cross examination of the affiant.
Todd is a Court-Approved Wiretap Expert Witness in Federal and State Court and can provide detailed reports for the court and testimony. Todd welcomes potential clients to contact prior counsel/defendants for references.