County Attorney Montgomery seeks Supreme Court ruling on wiretaps
Maricopa County Attorney Bill Montgomery says he will ask the nation’s highest court to overturn an appellate decision that his prosecutors obtained wiretaps in violation of federal law.
“We will seek review by the United States Supreme Court,” Montgomery said in a news release. “The 9th Circuit (Court of Appeals) had an opportunity to accurately deal with the facts and the law in this case, and failed to do so.”
In August, the 9th Circuit ruled that the County Attorney’s Office improperly secured electronic surveillance warrants because Montgomery did not personally review affidavits submitted by law enforcement with the applications. The ruling stemmed from a civil suit filed by a woman whose phone conversations were bugged even though she was not a target of investigators and did not get charged with a crime.
The 9th Circuit agreed with a Maricopa County Superior Court finding that, under the Omnibus Crime Control and Safe Streets Act, Montgomery may not delegate his responsibility to approve wiretap warrants.