Full opinion text
RULING ON MOTIONS TO SUPPRESS POLOZOLA, Chief Judge. This matter is before the Court on various pre-trial, trial and post trial motions filed by the defendants which seek to suppress the results of wire, oral, video and electronic surveillance. Edwin Edwards, Stephen Edwards and Cecil Brown also have filed motions to suppress evidence obtained as a result of searches conducted pursuant to a search of their homes, offices and/or safe deposit boxes. The defendants also sought in pre-trial motions an eviden-tiary hearing under Franks v. Delaware. The defendants renewed their Franks motion and motions to suppress in motions filed during the course of the trial. For reasons which follow, these motions are denied. Introduction Prior to the trial, the defendants filed the following motions to suppress: (1) motion of all defendants to suppress the fruits of wire, oral and electronic surveillance; (2) Stephen Edwards’ motion to suppress evidence derived from a tape recorded conversation between Richard Shetler and Stephen Edwards; (3) Cecil Brown’s motion to suppress fruits of search warrants relative to Brown’s office and residence; (4)Stephen Edwards’ motion to suppress fruits of search warrants relative to his office, residence, and safe deposit box number 5069; and (5) Edwin Edwards’ motion to suppress fruits of search warrants relative to his office, residence, and safe deposit box number 2378. On November 17, 1999, the Court held oral argument on these motions. Thereafter, the Court denied each of the pre-trial suppression motions. The Court also denied defendants’ request for a Franks hearing. During the course of the trial, the defendants filed a renewed motion for a Franks hearing and to suppress evidence. The Court denied each of these motions and now assigns reasons in support of its decisions. All defendants seek to suppress all evidence obtained as a result of wire, oral, video and electronic surveillance. The defendants seek relief under Title III, 18 U.S.C. §§ 2510-2522 and the Fourth Amendment. Defendants contend: (1) The wire surveillance of Cecil Brown is based on the uncorroborated story of Pat Graham; (2) The FBI agents did not inform Judge Donald E. Walter of Pat Graham’s dishonesty; (3) The June 26, 1996 affidavit of Agent Freddie Cleveland lacked probable cause; (4) Agent Cleveland’s affidavit failed to demonstrate necessity as required by Title III; (5) Since there was improper surveillance of Cecil Brown’s telephone, all evidence obtained during the entire course of surveillance must be suppressed; (6) The surveillance of Edwin Edwards’ home was improper because there was no basis to conclude that a wiretap at Edwin Edwards’ home would produce evidence of crimes; (7) There was no probable cause for repeated extensions of the wiretap order at Edwin Edwards’ home; (8) There was no probable cause to believe that Edwin Edwards’ law office had or would be used to commit the crimes alleged; (9) The affidavit of Agent Geoffrey San-tini failed to establish probable cause to conduct surveillance of Edwin Edwards’ law office; (10) The surveillance of Stephen Edwards’ office was conducted without court authorization; (11) There was no probable cause to believe that the law office of Stephen Edwards had been or would be used to commit the crimes alleged. In response to these motions, the government contends that each of the surveillance orders issued by Judges Donald E. Walter and John V. Parker were based on probable cause. The government further contends the surveillance orders were properly issued pursuant to Title III, 18 U.S.C. §§ 2510-2522 and there were no violations of the Fourth Amendment. Finally, the government contends the FBI agents did not intentionally or recklessly mislead or present false information or omit material information to the federal judges who issued the Title III orders. The defendants Edwin Edwards, Stephen Edwards and Cecil Brown have also filed motions to suppress evidence obtained as a result of search warrants. Edwin Edwards seeks to suppress evidence taken from his home, located at 19228 Troon Court, safe deposit box number 2378 at City National Bank and his law office. Stephen Edwards seeks to suppress a tape recorded conversation between Richard Shetler and Stephen Edwards, and any evidence obtained from a search of his residence, safe deposit box number 5069 located at Regions Bank, and the office located at 4621 Jamestown Avenue. Cecil Brown has also filed a motion to suppress evidence obtained from the search of his residence, Route Box 62, Eunice, Louisiana; Cecil Brown’s Building, Brown’s Auction Company, Louisiana Consultants, Inc., 1211 East Laurel Street, Eunice, Louisiana; and Kenneth Pitre’s law office, 100 Vivian Street, Eunice, Louisiana. In response to the defendants’ motions to suppress the evidence obtained pursuant to these search warrants, the government contends the warrants were based on probable cause and each search was valid and constitutional. Thus, the Court must determine whether the Title III authorizations issued by Judges Walter and Parker were valid. The Court must also determine the validity of the search warrants issued in this case. After hearing the arguments and evidence presented in connection with the pre-trial motions to suppress, the Court denied each of the motions. The Court also found that the defendants were not entitled to an evidentiary hearing under Franks. During the trial, the defendants filed another request for a Franks hearing and renewed their motion to suppress. The Court again finds that there was and is no need for a Franks hearing. The Court also finds defendants’ renewed motion to suppress is without merit and should be denied. The Court will discuss each of the motions and the various contentions of the parties. Each of the parties’ contentions was considered by the Court in deciding the motions whether or not specifically discussed herein. Probable Cause Standard In Illinois v. Gates, the Supreme Court adopted a “totality of the circumstances” analysis for determining whether probable cause exists for the issuance of a search warrant. The Court noted that the probable cause standard is a “practical, nontechnical conception.” Indeed, the Gates Court stated: “In dealing with probable cause, ... as the very name implies, we deal with probabilities. These are not technical; they are the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.” ^ * * * * >¡« As these comments illustrate, probable cause is a fluid concept-turning on the assessment of probabilities in particular factual contexts-not readily, or even usefully, reduced to a neat set of legal rules. * * ❖ * * As early as Locke v. United States, 11 U.S. 339, 7 Cranch, 339, 348, 3 L.Ed. 364 (1813), Chief Justice Marshall observed, in a closely related context: “[Tjhe term ‘probable cause,’ according to its usual acceptation, means less than evidence which would justify condemnation.... It imports a seizure made under circumstances which warrant suspicion.” ... Finely tuned standards such as proof beyond a reasonable doubt or by a preponderance of the evidence, useful in formal trials, have no place in the magistrate’s decision. The standard under which a court is to review a magistrate judge’s or district judge’s initial determination of probable cause was set forth in Gates as follows: Similarly, we have repeatedly said that after-the-fact scrutiny by courts of the sufficiency of an affidavit should not take the form of de novo review. A magistrate’s “determination of probable cause should be paid great deference by reviewing courts.” “A grudging or negative attitude by reviewing courts toward warrants[]” is inconsistent with the Fourth Amendment’s strong preference for searches conducted pursuant to a warrant; “courts should not invalidate warrant[s] by interpreting affidavit^] in a hypertechnical, rather than a commonsense, manner.” Although Illinois v. Gates involved the adequacy of a search warrant, the same “totality of the circumstances” test has been applied to determine whether probable cause existed for the authorization of an order permitting the interception of telephone calls and other conversations pursuant to 18 U.S.C. § 2518(3). An application for a court-authorized wiretap “must demonstrate probable cause to believe that the target has committed, is committing, or will commit a crime, as well as ‘probable cause for belief that particular communications concerning that offense will be obtained through such interception.’ ” Probable cause is evaluated utilizing a totality of the circumstances test. In United States v. Gonzales, the Fifth Circuit explained the meaning of probable cause in the context of a wiretap as follows: An order authorizing a wiretap, like an ordinary search warrant, must be supported by a finding of probable cause. If the judge uses common sense and bases [a] finding on the entire picture presented [ ], our review is limited. “When this is done [the] determination is conclusive in the absence of arbitrariness.” The task of the issuing judge is to make a common sense decision whether the affidavit shows a fair probability that evidence will be obtained, according to all the circumstances, including the veracity and basis of knowledge of anyone supplying hearsay information. In other words, “[p]robable cause is to be gleaned from a ‘common sense reading of the entire affidavit’ ....” A careful review of the affidavits submitted to Judges Walter and Parker to obtain orders authorizing the use of oral, video and electronic surveillance reveals that they were supported by probable cause. The search warrants issued by these judges for the searches of homes, offices and/or safe deposit boxes of the various defendants were also supported by probable cause. These conclusions will be discussed in more detail later in this opinion. The Court now turns to a discussion of whether the Court should have granted the defendants a Franks hearing. The Standard for a Franks Hearing The defendants’ motion to suppress challenges the truthfulness of the affidavits submitted by the government to support its request for a surveillance order. The defendants contend the affidavits contained intentional and/or reckless false statements or material omissions. The Court believes an analysis of the standards set forth by the Supreme Court in Franks and jurisprudence from the Fifth Circuit and other circuits on this issue is essential to properly decide this issue. In United States v. Bankston, the Fifth Circuit succinctly summarized the standards the defendants must meet to obtain a Franks hearing as follows: In Franks v. Delaware, the Supreme Court held that a defendant is entitled to an evidentiary hearing to contest the validity of a search warrant if he makes a substantial preliminary showing that (1) allegations in a supporting affidavit were a deliberate falsehood or made with a reckless disregard for the truth and (2) the remaining portion of the affidavit is not sufficient to support a finding of probable cause. We have explained that “even if the defendant makes a showing of deliberate falsity or reckless disregard for the truth by law enforcement officers, he is not entitled to a hearing if, when material that is the subject of the alleged falsity or reckless disregard is set to one side, there remains sufficient content in the warrant affidavit to support a finding of probable cause.” In United States v. Cleveland, Judge Sarah Vance set forth a more detailed discussion and analysis of the Franks standards and the jurisprudence which has ensued following the Franks decision. The Court adopts the following from Judge Vance’s very thorough opinion: In Franks, the Supreme Court determined that criminal defendants have a limited right, under the Fourth and Fourteenth Amendments, to challenge the truthfulness of factual statements made in an affidavit supporting a search warrant, subsequent to the ex parte issuance of the warrant. Franks, 438 U.S. at 155-56, 98 S.Ct. at 2676. Franks ’ rule is of “limited scope, both in regard to when exclusion of the seized evidence is mandated, and when a hearing on allegations of misstatements must be accorded.” Id. at 167, 98 S.Ct. at 2682. Under Franks, “[t]here is ... a presumption of validity with respect to the affidavit supporting the search warrant.” Id. at 171, 98 S.Ct. at 2684. In order to receive an evidentiary hearing on suppression, a defendant attacking the validity of an affidavit supporting a search warrant must make a “substantial preliminary showing” that: (1) the affiant knowingly and intentionally, or with reckless disregard for the truth, made a false statement in the warrant affidavit and (2) the remaining portion of the affidavit is insufficient to support a finding of probable cause. Id. at 171, 98 S.Ct. at 2684; see also, United States v. Dickey, 102 F.3d 157, 161-62 (5th Cir. 1996). The Court spelled out in some detail what it meant by a “substantial preliminary showing:” To mandate an evidentiary hearing, the challenger’s attack must be more than conclusory and must be supported by more than a mere desire to cross-examine. There must be allegations of deliberate falsehood or of reckless disregard for the truth, and those allegations must be accompanied by an offer of proof. They should point out specifically the portion of the warrant affidavit that is claimed to be false; and they should be accompanied by a statement of supporting reasons. Affidavits or sworn or otherwise reliable statements should be furnished, or their absence satisfactorily explained. Allegations of negligence or innocent mistake are insufficient. The deliberate falsity or reckless disregard whose impeachment is permitted is only that of the affiant, not of any nongovernmental informant. Finally, if these requirements are met, and if, when material that is the subject of the alleged falsity or reckless disregard is set to one side, there remains sufficient content in the warrant affidavit to support a finding of probable cause, no hearing is required. Id. at 171-72, 98 S.Ct. at 2684. The “substantial preliminary showing” requirement is not lightly met. See United States v. Hiveley, 61 F.3d 1358, 1360 (8th Cir.1995); United States v. Tibolt, 72 F.3d 965, 973 (1st Cir.1995), cert. denied, 518 U.S. 1020, 116 S.Ct. 2554, 135 L.Ed.2d 1073 (1996); United States v. Wajda, 810 F.2d 754, 758 (8th Cir.1987), cert. denied, 481 U.S. 1040, 107 S.Ct. 1981, 95 L.Ed.2d 821 (1987). Furthermore, even if the defendant makes the requisite substantial preliminary showing for an evidentiary hearing, suppression is still not mandated unless the defendant establishes at the hearing, by a preponderance of evidence, that the misstatements in question were made intentionally or with reckless disregard for the truth and that, with the false statement omitted, probable cause was lacking. Franks, 438 U.S. at 156, 98 S.Ct. at 2676. The Franks holding has been extended to cover alleged omissions in a supporting affidavit, as well as false statements. See United States v. Tomblin, 46 F.3d 1369, 1377 (5th Cir.1995); United States v. Atkin, 107 F.3d 1213, 1216-17 (6th Cir.1997); United States v. Hunter, 86 F.3d 679, 682 (7th Cir.1996), cert. denied, 519 U.S. 985, 117 S.Ct. 443, 136 L.Ed.2d 339 (1996); Hiveley, 61 F.3d at 1360; United States v. Collins, 61 F.3d 1379, 1384 (9th Cir.1995), cert. denied, 516 U.S. 1000, 116 S.Ct. 543, 133 L.Ed.2d 446 (1995); United States v. Paradis, 802 F.2d 553, 558 (1st Cir. 1986). Courts have noted, however, that while omissions are not exempt from inquiry under Franks, affidavits containing omissions of potentially exculpatory information are less likely to present a question of impermissible official conduct than those that affirmatively include false information. Atkin, 107 F.3d at 1216-17; United States v. Martin, 920 F.2d 393, 398 (6th Cir.1990); United States v. Colkley, 899 F.2d 297, 301 (4th Cir.1990). In cases involving omissions, to trigger an evidentiary hearing, a defendant must make a substantial preliminary showing that: 1) the omission was made intentionally and/or with reckless disregard for the omission’s tendency to mislead and 2) if the omitted material had been included in the supporting affidavit, there would not have been probable cause. See, e.g., Atkin, 107 F.3d at 1217 (“If the defendant does succeed in making a preliminary showing that the government affiant engaged in ‘deliberate falsehood’ or ‘reckless disregard for the truth’ in omitting information from the affidavit, the court must consider the affidavit, including the omitted portions, and determine whether probable cause still exists.”); see also, Tomblin, 46 F.3d at 1377; Hiveley, 61 F.3d at 1360; Collins, 61 F.3d at 1384; Paradis, 802 F.2d at 558. The Fifth Circuit has acknowledged that “it will often be difficult for an accused to prove that an omission was made intentionally or with reckless disregard rather than negligently unless he has somehow gained independent evidence that the affiant had acted from bad motive or recklessly in conducting his investigation and making the affidavit.” United States v. Martin, 615 F.2d 318, 329 (5th Cir.1980). For this reason, the Fifth Circuit has recognized that “when the facts omitted from the affidavit are clearly critical to a finding of probable cause the fact of recklessness may be inferred from proof of the omission itself.” Id. (emphasis added). See also, United States v. Cronan, 937 F.2d 163, 165 (5th Cir.1991); Hale v. Fish, 899 F.2d 390, 400 (5th Cir.1990) (same); United States v. Namer, 680 F.2d 1088, 1094 (5th Cir.1982), cert. denied, 486 U.S. 1006, 108 S.Ct. 1731, 100 L.Ed.2d 195 (1988). Thus, under Fifth Circuit law, if the materiality of the omission is great enough, recklessness can be inferred. In such cases, the analytical concepts of materiality and recklessness are “bound together,” collapsing the dual inquiry of Franks into both “intentionality” and “materiality” into a single inquiry into materiality. Namer, 680 F.2d at 1094. But see, Colkley, 899 F.2d at 301 (rejecting Fifth Circuit position that bad motive under Franks can be inferred from fact of omission alone because Franks intended for a inquiry into both intentionality and materiality in all cases). However, reckless intent is to be inferred only in extreme cases when the materiality of the omitted material is “clearly critical” to the probable cause determination. Applying the Franks analysis to this case, the Court finds that the defendants have failed to make the requisite substantial preliminary showing for an evidentiary hearing. The Court further finds that the defendants’ assertion of falsity and/or intentional omission are unpersuasive and without merit in light of all of the information available to the affiant at the time he signed the affidavit. The fact that Agent Santini admitted during the trial that there were several errors in his affidavit regarding facts pertaining to payoffs to members of the Gaming Board does not change the Court’s decision or require an evidentiary hearing. There was an adequate factual and good faith basis for the statements made in the affidavit at the time the affidavit was prepared and submitted to the issuing judges. The same may be said of the arguments defendants make regarding the circumstances surrounding Patrick Graham’s credibility. The Court finds that the affidavits contained sufficient information about Patrick Graham’s past and current criminal activity for the issuing judges to consider in determining whether to issue the warrants. The fact that a judge in Texas may now be conducting an inquiry into the circumstances surrounding the plea agreement that the government made with Patrick Graham does not affect the validity of the affidavits submitted to Judges Parker and Walter. Even if there were alleged errors or omissions in the affidavits, these alleged errors or omissions do not negate the probable cause which existed in the affidavits. In short, the Court finds that the federal agent did not “intentionally mislead,” or trick, the district court into issuing the surveillance authorizations. The Court also finds there were no material misrepresentations made by the FBI agents which would have negated a probable cause finding by the two judges who issued the electronic authorizations. The Court’s decision would not change even if the challenged statements were corrected or if more information about the Grahams were included. There was sufficient information set forth in the affidavit regarding the Grahams as well as substantial corroboration of this information from other sources. The same may be said of the other challenged statements. There would have been sufficient probable cause to issue the authorizations even if the information had been corrected. The Court now turns to an analysis of the arguments made by the parties regarding the electronic, oral and video authorizations. The Court will then discuss the validity of the searches of the homes, offices and post office boxes of the defendants. Motions to Suppress Fruits of Wire, Oral and Electronic Surveillance The defendants seek to suppress the fruits of wire, oral and electronic surveillance conducted at the home and business of Cecil Brown, the home of Edwin Edwards, and the law office of Edwin and Stephen Edwards. This motion requires the Court to review the orders issued by Judge Walter of the Western District of Louisiana and Judge Parker of the Middle District of Louisiana. Each of these judges authorized separate wiretap orders which are in question in this case. A review of the record reveals that after a very thorough investigation conducted by the FBI, the United States filed an application on June 26,1996 for authorization to conduct a wiretap on the home and office telephones of Cecil Brown. Judge Walter granted the order on the same date. The order was extended for thirty days on July 25, 1996 and thereafter for additional thirty-day periods until February of 1997. The focus of the Brown investigation was his involvement with the Jena, Louisiana prison project. During the course of the Brown investigation, the government obtained information about Edwin Edwards. The United States then filed an application with Judge Parker on October 18, 1996 to obtain authorization to place a wiretap on Edwin Edwards’ home telephone. On December 6, 1996, electronic surveillance was authorized on the law office of Edwin Edwards. Stephen Edwards was added as an interceptee at the law office the following month. In their combined motion to suppress, the defendants challenge (1) the initial wiretap of Cecil Brown’s phones; (2) the electronic surveillance of Edwin Edwards’ home; (3) the electronic surveillance of Edwin Edwards’ law office; and (4) the electronic surveillance of Stephen Edwards’ law office. The Court will address each of these challenges separately. The Electronic Surveillance of Cecil Brown The Defendants’ Contentions The defendants challenge the June 26, 1996 order authorizing the interception of wire communications on telephones located at both Cecil Brown’s residence and his place of business. The defendants assert that: (1) there was insufficient probable cause to support the order; (2) the government’s application for the order failed to meet the “necessity” requirement of 18 U.S.C. § 2518(3)(e); and (3) since there was no probable cause and no “necessity,” all of the evidence that was obtained as a result of the first interception order must be suppressed under a “fruit of the poisonous tree” theory. In support of their objections to the Title III order issued by Judge Walter, the defendants argue that the affidavit contained: (1) material omissions regarding the confidential witness’ (CW) credibility; (2) a lack of “any credible evidence” of payments made to Edwin Edwards with respect to the Jena Project; and (3) material omissions regarding conversations to the contrary. The defendants further argue that based on these contentions, the June 2, 1996 wiretap order was improper because it lacked probable cause. The defendants also maintain that these deficiencies represent a “substantial preliminary showing” of falsity entitling them to an evidentiary hearing on the matter, commonly called a Franks hearing. The Government’s Response The United States contends that the affidavit clearly established the probable cause required for a judge to enter a wiretap order under Title III. The United States also argues that there were no knowing or intentional false statements or omissions in the affidavits. In short, the government contends that all relevant matters were brought to Judge Walter’s attention in the affidavit and probable cause was properly found. With respect to any omitted statements, the government contends there was no attempt by the agents to mislead the court or to keep relevant information from the court. Even if the omitted statements were added to the affidavit for purposes of analysis under Franks, the government contends there would be no effect on the quantum of probable cause. Finally, he government argues that a Franks hearing is not required under the facts of this case. Material omissions regarding the confidential witness’ (CW) credibility The defendants argue that the government failed to fully inform the judge of the CW’s unreliability and dishonesty. Defendants rely in part on comments made by an Assistant United States Attorney in a bankruptcy case regarding the credibility of the CW after the June 26, 1996 order was issued. Specifically, defendants refer to a comment that the government did not believe anything the CW said unless it could be independently corroborated. Defendants contrast this with a statement in the affidavit the government submitted in support of the application which stated that during the CW’s period of cooperation “he has never been known to provide false or misleading information.” Moreover, defendants argue that although the statement came after the initial application was presented to Judge Walter, the statements made to the bankruptcy judge are indicative of a posture adopted by the government sometime before the application was made. The government contends that the defendants only chose selected portions of the statement made by the Assistant United States Attorney. The relevant portions of the statement made by Assistant United States Attorney Steve Irwin to the bankruptcy court provide: I am defending the Grahams as good people; they are not. They’re as bad as they come. Unfortunately, you know they came to us and we’ve been able to independently corroborate the things they tell us. And the things that we’re not able to independently corroborate, we believe are lies. And that’s the way it has to be when you deal with the Grahams. And thus far, we’ve been able to independently corroborate — including disperse monies and how the money was generated, where the money came from and where the money went, and it’s not as has been portrayed to this Court at this time by the litigants here. It is clear that “an informant’s ‘veracity,’ ‘reliability’ and ‘basis of knowledge’ are all highly relevant.” However, this Court finds that Judge Walter was given ample information by the United States in the affidavit about Pat Graham to raise the issue of his credibility at the time Judge Walter made his decision to issue the wiretap order. The affidavit submitted to Judge Walter clearly provides that the CW was indicted by a grand jury only three months earlier and was also “the target of [an ongoing] federal tax and corruption investigation.” A judge’s decision to issue a warrant based on his determination that probable cause exists is entitled to great deference. The fact that a CW may be involved in criminal conduct does not disqualify that CW’s statements from being considered by the Court in making its probable cause determination. This is particularly so under the totality of the facts of this case where the CW’s statements were independently corroborated by other credible evidence. In this case there was substantial independent corroboration of the CW’s statements. Pat Graham’s statements about the Jena Prison Project were set forth in paragraphs 16 through 27 of Agent Cleveland’s affidavit. The FBI corroborated Pat Graham’s statements through consensual recordings made by Pat Graham at the direction of the FBI. These consensual recordings include telephone conversations between Patrick Graham and Cecil Brown which occurred on May 7, 1996, May 8, 1996, May 9, 1996, June 7, 1996 and June 10, 1996. There was also a consensual recording made by Pat Graham at a May 29, 1996 crawfish boil held at Cecil Brown’s residence. A careful review of the transcripts of these conversations and the agent’s description of these conversations in the affidavit reveals that the agent did not misrepresent the meaning or context of the affidavits to Judge Walter. Furthermore, to the extent there were omissions in the affidavit of statements made in the consensual recordings, this did not affect the court’s finding of probable cause. In addition to the consensual recordings, the FBI also had a copy of a piece of paper which Pat Graham brought to the May 29, 1996 crawfish boil which detailed the monetary payments which had been requested by Brown. This evidence, when taken in proper context and considered with the totality of the circumstances set forth in the affidavit, demonstrated probable cause to believe that the target of this application for a wiretap has committed, was committing or will commit a crime. The affidavit also demonstrated probable cause for belief that particular communications concerning the offense would be obtained through such interception as required by 18 U.S.C. § 2518(3)(a)-(b). This Court cannot say Judge Walter erred in deciding that sufficient probable cause was present to issue this order. There was a sufficient showing regarding the suspected crime to support the order To support their argument that there were intentional misstatements and material omissions regarding the crime alleged in the application, the defendants contend that: (1) the statements of the CW were uncorroborated hearsay and could not support the order; (2) the transcript of the consensually recorded conversations between the CW and Cecil Brown reveal only innocent transactions and Edwin Edwards’ “friendly interest” in Brown’s compensation regarding the Jena Project; and (3) there were material omissions contained in the application that were intended to mislead the court into finding probable cause to issue the order. The defendants assert that there is no “substantial basis of credibility” supporting the hearsay statements made in the application, as required by Illinois v. Gates. This argument is without merit under the facts of this case. The Court also notes that the defendants fail to specify which statements they are contesting. Instead, the defendants reject generally any statements made regarding the payment of money to Edwin Edwards. The defendants also fail to recognize that paragraphs 29 through 40 of the affidavit in support of the application contained summaries of consensually recorded conversations. These paragraphs alone “substantially corroborate” for the purposes of this motion any hearsay problem that might have otherwise existed. Additionally, the defendants fail to consider the pen register information that confirms various conversations between Cecil Brown and Edwin Edwards. The defendants also allege that Edwin Edwards’ involvement in the Jena Prison Project did not rise to the level of criminal behavior. They assert that Cecil Brown was merely “lobbying.” Whether Edwin Edwards actually received payments is a question fact to be resolved by a jury and is not a proper issue to be addressed by the Court within the confines of a motion to suppress. Furthermore, the standard of review is one of arbitrariness. The sound discretion of the issuing judge will not be disturbed by this Court absent a more significant showing than the one presented here. There is sufficient evidence of possible criminal involvement to at least warrant the further investigation requested in the Title III application. Finally, the defendants argue that Cecil Brown’s remarks to the effect that Edwin Edwards was not getting any of the money and that it was all his were intentionally omitted from the application to mislead the court. Accordingly, the defendants assert that they are entitled to an evidentiary hearing under Franks v. Delaware, The Court summarized the requirements for a Franks hearing earlier in this opinion. The law in the Fifth Circuit regarding what is required to obtain a Franks hearing is also clear. The defendants are not entitled to an evidentiary hearing on a motion to suppress unless there are allegations that amount to a substantial preliminary showing of “deliberate falsehood or of reckless disregard for the truth, and those allegations must be accompanied by an offer of proof.” The Fifth Circuit has applied Franks to instances of omission where, as here, an affidavit falls squarely within the dictates of 18 U.S.C. § 2518. As Judge Vance noted in United States v. Cleveland: “The ‘substantial preliminary showing’ requirement set forth in Franks is not lightly met.” The proper analysis is whether the affidavit, corrected to contain the allegedly exculpatory conversation, satisfies the wiretap requirements set forth in 18 U.S.C. § 2518. The defendants have characterized the affiant’s interpretation of the conversations between the CW and Cecil Brown as “creative.” However, the Court finds that they were at least plausible and certainly do not rise to the level of intentional misstatements designed to mislead the court. The defendants’ interpretation is not the focus of this Court’s inquiry. Rather, the Court must determine whether, given the evidence presented, the defendants have met their substantial preliminary burden of showing the falsity of the omissions. The Court concludes they have not. Even if the Court were to find that these statements were intentionally omitted, the defendants would still not be entitled to a Franks hearing. If the omitted information were included, the transcripts of various conversations would still provide substantial grounds to believe that evidence of criminal activity would be obtained through the use of electronic surveillance. The fact that Cecil Brown denies Edwin Edwards’ “take” of the proceeds of this transaction in one particular excerpt does not negate the additional information in the record regarding potential criminal payoffs. Thus, there was probable cause to issue the order even when the omitted material is included in the affidavit. There Was “Necessity” Under 18 U.S.C. § 2518(l)(c) and 2518(3)(c) The defendants also argue that the necessity requirement of 18 U.S.C. § 2518(l)(c) and 2518(3)(c) was not met in the government’s application for the initial July 26, 1996 wiretap order. Section 2518(l)(c) requires “a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous.” Section 2518(3)(e) requires the government to show and the issuing judge to find that “normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous.” The government need not prove exhaustion of every conceivable option before a wiretap order may issue. In United States v. Collins, the Fifth Circuit held the following: [T]he purpose of [18 U.S.C. § 2518(l)(c) ] “is not to foreclose electronic surveillance until every other imaginable method of investigation has been successfully attempted.” United States v. Webster, 734 F.2d 1048, 1055 (5th Cir.1984). Rather, the section “is designed to inform the issuing judge of the difficulties involved in the use of conventional techniques and to insure that wiretapping is not resorted to in a situation in which traditional investigative techniques will suffice to expose crime.” Id. With these considerations in mind, we have held that “[i]t is enough if the affidavit explains the prospective or retrospective failure of several investigative techniques that reasonably suggest themselves.” United States v. Hyde, 574 F.2d 856, 867 (5th Cir.1978). In this circuit, the courts “take a ‘common sense view1 of the statements contained in the application to determine if the necessity requirement is satisfied.” This Court finds that the application presented to Judge Walter met this standard. The affidavit stated that normal investigative techniques were either tried, used or unlikely to succeed in gathering enough evidence to prosecute the suspected activity. The affidavit also gave a detailed account of the investigative techniques used by the agents. Some of the reasons set forth in the affidavit for the necessity of the wiretap were (1) the covert nature of the offense; (2) the nature of the relationship between the parties; (3) the lack of direct physical evidence of crimes of the nature of those alleged; and (4) the lack of sufficient detail from pen registers alone. These reasons are more than sufficient to show that the wiretap order was reasonable and necessary under the circumstances. Finally, the defendants argue that there was no basis for Judge Walter to grant an extension of the June 26, 1996 order. To the extent the defendants’ argument is based on their contention that the original application was defective, the Court finds this argument to be without merit for the reasons previously given. The Court further finds that Judge Walter acted reasonably in extending the initial order. The Court cannot say that Judge Walter acted in an arbitrary manner in extending the original order under the facts of this case. The record clearly indicates that Judge Walter was presented with detailed oral and written progress reports every ten days which set forth the nature of the intercepted conversations. “Where the authorizing judge has required and reviewed such reports at regular intervals, a reviewing court may take such supervision through reports into consideration in determining whether a reasonable effort to minimize was attempted.” The record in this case reveals that Judge Walter was informed of the number of intercepted calls, the nature of the calls, the number of calls minimized and the number and type of calls the government considered to be criminal. Based on his evaluation of this information, Judge Walter concluded the government was acting in a proper manner. The affidavits, supplemented by logs, tapes and progress reports, provide more than adequate information for the issuing judge to rely on in determining whether to extend an order. A reviewing judge may also review this information in determining whether the issuing judge was arbitrary in granting extensions. Defendants strenuously argue that since no crime was committed with respect to the Jena Project, there was no need for any extension. The Court believes that there was sufficient information presented to Judge Walter for him to conclude there was evidence of criminal activity to justify the extension of the original order. The evidence obtained by the FBI during the subsequent monitoring of the phones and other independent evidence obtained support Judge Walter’s decision to grant the multiple extensions of his initial order. This Court has no doubt that, in light of all of these considerations, Judge Walter acted in a reasonable manner in initially granting and then extending his surveillance orders. The facts clearly show that Judge Walter did not act in an arbitrary manner in extending his surveillance orders. Considering the totality of the circumstances of this case, the Court finds: (1) The surveillance order issued by Judge Walter on June 26, 1996 was supported by probable cause and was in compliance with 28 U.S.C. 2510-2522. (2) There was no substantial showing made that the FBI agents knowingly and intentionally or with the reckless disregard for the truth made a false statement or caused omissions to be made in the warrant affidavits; (3) If there were errors or omissions in the affidavit, the corrected information and/or additional information did not affect the quantum of probable cause found to be present by Judge Walter. (4) There was and is no need for a Franks hearing. (5) Judge Walter was not arbitrary in issuing the June 26, 1996 order and the various extensions of the order, and (6) The extension granted by Judge Walter were proper. Therefore, defendants’ motion to suppress evidence resulting from the June 26, 1996 surveillance orders and extensions thereof must be denied. The Electronic Surveillance of Edwin Edwards’ Home Contentions of Parties Judge Parker authorized a wiretap on Edwin Edwards’ home telephone on October 18, 1996. Defendants seek to suppress any evidence obtained from this wiretap on several grounds. Defendants also challenge the validity of the surveillance order issued by Judge Walter. This contention is without merit for reasons previously given in this opinion. Additionally, defendants contend that the affidavit submitted to Judge Parker was misleading and contained errors and other mistakes. The government acknowledges a mistake occurred regarding the June 27, 1996 telephone conversation. However, the government also contends there was sufficient evidence to establish that Edwin Edwards was using his home phone for criminal activity. Defendants also contend in motions filed during and after the trial that Agent Santi-ni admitted during his trial testimony that other errors or omissions were made in his affidavit. The government contends these errors and omissions do not negate the necessary probable cause which Judge Parker found when he issued his initial wiretap order. The government also argues, and the Court agrees, that Judge Parker was provided with 10-day written and oral reports and was able to draw his own conclusion and understanding of the facts despite the errors claimed by the defendants. Discussion The Court has previously discussed the standard by which a reviewing court evaluates whether the initiating judge was arbitrary in his decision to issue a wiretap order. This discussion will not be repeated here. After carefully considering the entire record, the Court finds that no Franks hearing is required under the facts of this case. The Court further finds that Judge Parker properly found there was probable cause to believe that Edwin Edwards had committed, was committing or would commit a crime and that particular communications concerning the offense would be obtained through wiretap interceptions. In short, the Court finds that Judge Parker was not arbitrary in issuing his orders under the totality of the circumstances of this case. Furthermore, the Court finds the errors or omissions which are alleged, even if corrected or added to the affidavit, would not disturb the probable cause finding made by Judge Parker. In a separate part of this opinion, the Court sets forth in detail the standards required for searching a home. These same standards apply to the issuance of a wiretap order on a home telephone. Applying these standards to the issue now before the Court, the Court finds that there was sufficient information in Agent Santini’s affidavit for Judge Parker to find probable cause to believe that Edwin Edwards used his home phone to further the Jena scheme. The affidavit submitted by Agent Santini referred to telephone conversations between Cecil Brown and Edwin Edwards which establish probable cause to believe Edwin Edwards was a participant in and had knowledge of Cecil Brown’s scheme. Furthermore, in paragraph 54 of Agent Santini’s affidavit, there is a specific reference to a July 16, 1996 telephone call between Edwin Edwards and Cecil Brown on Edwin Edwards’ home phone, which together with a July 14, 1996 conference between Patrick Graham and Cecil Brown suggests a scheme to pay money to Edwin Edwards on the Jena Project. There was another telephone call recorded on the Edwin Edwards home phone on October 2, 1996, which suggests evidence of criminal activity. A careful review of the Santini affidavit establishes that Judge Parker did not err in concluding that Edwin Edwards was engaging in criminal activity at his home. This affidavit and the transcripts referred to in the affidavit more than established an adequate basis to obtain authorization for the installation of a wiretap on Edwin Edwards’ home telephone. This Court must give due deference to Judge Parker’s evaluation of the evidence and his conclusion that probable cause existed to authorize the wiretap. The Court finds that Judge Parker did not act in an arbitrary manner when he signed his October 18,1996 order. The defendants further contend that Judge Parker erred in granting thirty-day extensions of his initial order. Defendants contend that “the federal agents sought to extend the authorization based upon a handful of intercepted communications, none of which provided evidence of illegality.” This claim is without merit. There were sufficient calls made during this initial thirty-day period and during subsequent periods which established criminal activity on the Jena Project, the LRGC/ NORC scheme, the 15th Riverboat Scheme involving Eddie DeBartolo and the Cascade Insurance scheme. The fact “that other criminal activity was disclosed by the communications, separate from that which provoked the surveillance, does not mean the monitoring was inappropriate.” Furthermore, it is clear that “the interception of conversations that may relate to offenses other than those specifically enumerated in the wiretap application and affidavit is acceptable if disclosed to the district judge.” The fact that other criminal activity was disclosed by the communications separate from that which provoked the wiretap order does not mean the monitoring was inappropriaté. The agents cannot and should not ignore such conversations. This is particularly true “when the government reports these potentially criminal investigations to the authorizing judge, and the judge implicitly authorizes the monitoring to continue.” Such implied authorization satisfies the requirements of Section 2517(5) Thus, where the authorizing judge receives progress reports and applications for extensions and the nature of the intercepted conversations are disclosed, the judge’s review of the material and his acceptance of an extension constitutes a determination that the conversations were properly intercepted. Judge Parker’s decision to extend his initial order was based on his review of information submitted to him which included possible criminal activity involving Jena, calls from Eddie DeBartolo regarding contact with and votes of the Gaming Board, and the Cascade Insurance scheme. It cannot be said that Judge Parker acted in an arbitrary manner when he decided to extend the October 18, 1996 order based on the totality of the facts he had available for his review at the time he made his decision to extend the order. The defendants also object to subsequent extensions granted by Judge Parker. The defendants argue that there was no evidence of any crime committed to justify these extensions. The defendants’ arguments are not supported by the evidence. A summary of the evidence available to Judge Parker is appropriate. It is true that during the subsequent extensions, there were few calls involving the Jena and Evergreen Projects. However, there was an extensive amount of evidence involving the Hollywood/DeBartolo matter and Cascade Insurance. In fact, some of these • conversations were quoted in the indictments returned by the grand jury in the riverboat gaming case and the Cascade Insurance case. During February of 1997, conversations were intercepted involving Robert Guidry and the Treasure Chest scheme. There was a period of time from November 1996 to January 1997 when the calls were minimal because of Edwin Edwards’ absence from his home and for other reasons. These facts were disclosed to Judge Parker. The fact that Edwin Edwards was temporarily absent from his home does not mean there was no probable cause for additional extensions. In fact, the monitoring was terminated on January 21,1997 and was not resumed until later in February. Giving Judge Parker the deference to which he is entitled, the Court finds there was probable cause to extend the October 18, 1996 order. Under the totality of the circumstances of this case and based on the information provided to and reviewed by Judge Parker, the Court finds Judge Parker did not act in an arbitrary manner when he initially issued and subsequently extended his surveillance order. The Electronic Surveillance of Edwin Edwards at his law office The Court now turns to a discussion of the electronic surveillance which occurred at the law office located on Jamestown Avenue. Defendants’ Arguments The defendants argue that there was no probable cause to believe Edwin Edwards’ law office had been, was or would be used to commit any criminal activity. The defendants contend that the government failed to present sufficient evidence of criminal activity in the Title III application and supporting affidavit submitted to Judge Parker on December 6, 1996 to justify the surveillance order. The defendants further argue that the application and affidavit only list twelve references to activity at the Jamestown Avenue law office budding. Of those twelve references, defendants contend that several involved discussions of innocuous subjects like lunch plans and travel directions. Since none of the references to meetings or conversations which occurred in the Jamestown Avenue office building suggest any criminal activity, defendants claim that the application and supporting affidavit do not satisfy the appropriate probable cause standard. Government’s Response The government contends that there was sufficient probable cause to authorize electronic surveillance of Edwin Edwards’ office. The government further argues that there was sufficient evidence of criminal activity at the law office to support the government’s request for a wiretap. Discussion The government has highlighted a number of conversations and meetings that either occurred at the law office of Edwin Edwards or were sufficiently related to the office to support probable cause. The Court has previously found sufficient probable cause for the surveillance order issued by Judge Walter on Cecil Brown’s home and office. To the extent the defendants challenge the order issued by Judge Parker on December 6, 1996 on this ground, the motion is denied. There is sufficient probable cause to establish evidence of criminality insofar as the Jena and Evergreen Projects were concerned. Furthermore, looking at the totality of the circumstances and giving due deference to Judge Parker’s evaluation of the evidence before him, the Court concludes there was probable cause for Judge Parker to issue his December 6, 1996 order. The Santini affidavit refers to matters in addition to those captured on the Cecil Brown wiretaps. This includes meetings with Cecil Brown and Pat Graham on July 2, 1996 and the notation of $1,020,000 on the back of a proposed contract. Furthermore, there is a reference in paragraph 47 of the Santini affidavit regarding a telephone call of October 2, 1996 between Cecil Brown and Edwin Edwards. During this phone call, there was a reference to a “75/25 heifer” discussion between Cecil Brown and Edwin Edwards as well as the Stalder discussion. The government also sets forth in the Santini affidavit that a meeting was set on October 10, 1996 for the transfer of $100,000 at Ruth’s Chris Steak House. The government alleges that the cash was later transferred at Edwin Edwards’ home. An $8,000 check was brought to Edwin Edwards’ office on October 15, 1996. The inferences that can be drawn from these conversations, meetings, transfers, and other actions justify and support Judge Parker’s determination of probable cause. These examples of alleged criminal activity were presented to Judge Parker as evidence of probable cause and properly formed the basis for his decision to authorize electronic surveillance of the office. The Court concludes that there was sufficient probable cause to believe Edwin Edwards’ office on Jamestown Avenue had been, was and would continue to be used for criminal activity. Taking into account the totality of the circumstances presented to Judge Parker, the Court finds that the government met its burden in establishing probable cause. Therefore, the fruits of this surveillance shall not be suppressed. The Court previously set forth the requirements for probable cause under 18 U.S.C. § 2518. The essence of the initial probable cause inquiry is a “common sense” analysis based on the entire picture presented to the authorizing judge. This Court has evaluated the defendants’ motion to suppress the fruits of the surveillance relative to Edwin Edwards’ office and finds that the application and affidavit established a fair probability that the surveillance would yield evidence of criminal activity. The Court reaches this conclusion based on the totality of all the circumstances presented to Judge Parker. Specifically, the Court is convinced that the nearly eighty paragraphs set forth in Agent Santini’s supporting affidavit sufficiently detail alleged conversations, meetings and connections between Edwin Edwards, Cecil Brown and other participants to support a finding of probable cause that those persons were engaged in the alleged criminal activities listed in the Title III application. The December 6, 1996 affidavit submitted in support of the government’s Title III application described part of a broad criminal scheme that allegedly involved Edwin Edwards and some of the other named defendants, as well as other participants. Agent Santini compiled information gleaned from wiretaps conducted on defendant Cecil Brown’s telephone, as well as evidence obtained from consensual recordings by a cooperating Government witness. The affidavit presented Judge Parker with information about two alleged schemes that involved bribes and illegal payments to Edwin Edwards through Cecil Brown in connection with Edwin Edwards’ exerting influence based on his status as the former governor of the state of Louisiana. Agent Santini’s description of these two schemes sufficiently establishes probable cause to support the Title III authorization. Agent Santini delineated in his affidavit the scheme referred to as the “Jena Project”, which involved contracts relating to the construction of a private juvenile prison in Jena, Louisiana. According to Agent Santini, Cecil Brown, Edwin Edwards and the cooperating witness frequently discussed Edwin Edwards’ role in influencing the contract process for construction of the Jena facility. On one occasion, Cecil Brown and the CW discussed payments to be made to Edwin Edwards in conjunction with Edwin Edwards’ work on the Jena Project. Paragraph 26 of the affidavit describes the July 2,1996 meeting: On July 2, 1996, the CW met with CECIL BROWN in Eunice, Louisiana, which was consenually recorded at the direction of FBI Agents. The purpose of the meeting was to reach an understanding as to the final payment due to EDWARDS and BROWN at the closing of the Jena Juvenile Project. During the recorded conversation BROWN and the CW came to a figure of $1,020,000 of which EDWARDS would receive $1,000,000 and BROWN would receive $20,000 in cash. This was written by the CW on the back of the original “Contract” for “services” between VIEWPOINT DEVELOPMENT CORPORATION (FRED HOFHEINZ) and LOUISIANA CONSULTANTS, INC. (CECIL BROWN). After BROWN agreed to the amount, the contract was taken to Attorney KENNETH PITRE by BROWN and the CW which was consenually recorded. PITRE agreed to amend the contact and return it to BROWN who would take it to EDWIN W. EDWARDS for final approval. In September of 1996, Cecil Brown and the CW discussed payment of $100,000 indirectly (through Cecil Brown) to Edwin Edwards in exchange for Edwin Edwards’ assistance in communicating with Richard Stalder, Secretary of the Louisiana Department of Public Safety and Corrections. The confidential witness referred to this $100,000 sum as “heifers”, which he planned to obtain from another business deal in Miami. The reference to “heifers”, or payment to Edwin Edwards indirectly, appears in the transcript of a conversation recorded between Cecil Brown and Edwin Edwards that took place on October 2,1996: EE: Hello. CB: Hey boss. EE: Yeah CB: What’s going on? EE: Not much CB: You busy? EE: No, I’m sorry I don’t recognize your voice. CB: Cecil. EE: Yeah Cecil. How you? CB: Okay. Real good. Uh, my uh, my buddy from Houston. EE: Yeah. CB: He, uh, we may need a phone call or something from um you to STALDER just to test the water. Uh, I’ll explain to you Monday when I go. EE: Cah? CB: Uh, do you see any problem there? EE: Uh, I don’t know. It depends on what you want me, uh, what you want me to do. CB: Okay, I’ll explain more. But, uh, what it is, its that advance that I told you about that I would get and it naturally would come back out of my pay, uh on the backside when I get paid. But it would, if we can make, I’ll explain to you when I go there Monday. Are you going to be busy Monday? EE: Well, I’m not going to be in ‘til Monday afternoon. CB: When will you be in? EE: Uh, well I, I guess sometime early in the early afternoon Monday. CB: Um-huh. But you’re leaving early afternoon Monday? EE: No, I’m leaving uh, tomorrow and I’m coming back Monday afternoon. CB: Okay. EE: Why don’t you come on Tuesday morning? (October 8,1996) CB: Okay, good. EE: Okay. CB: Alright. EE: Alright. CB: Mighty fine. I’ll explain it. It’s not, it’s not a big deal. EE: Alright. CB: Okay.. .anyway, on this other deal we talking about 75 heifers and 25 heifers. EE: Alright. CB: Okay. EE: Okay, I’ll see you Tuesday. (October 8,1996) CB: Yeah, that’s what we had talked about. EE: Good. CB: Bye. Agent Santini then enumerates in his affidavit the events occurring in response to the October 2, 1996 conversation between Cecil Brown and Edwin Edwards. Cecil Brown and Edwin Edwards met on October 8, 1996 at Edwin Edwards’ law office. Later that same day, Cecil Brown and the CW discussed exactly what questions Edwin Edwards should ask in his conversation with Stalder, as well as assurances that Edwin Edwards would use language to convince the CW’s partners that Edwin Edwards intended to exert his influence on the Jena Project. The CW also expressed his concern that Edwin Edwards might “scare the people off.” The Santini affidavit also lays out an alleged plan by Edwin Edwards to extort money from a Texas corporation wishing to do business in Louisiana, which is referred to as the “Evergreen Project.” According to Santini’s affidavit, the CW and persons acting on behalf of Texas based Evergreen Global Resources Corporation (“EGR”), discussed Edwin Edwards’ ability to influence state regulatory approval for EGR’s projects in Louisiana and linked the approval (or lack of approval) to a payment of $500,000 payable to Edwin Edwards via Cecil Brown. In addition, the affidavit detailed another allegation that Edwin Edwards and others would receive additional extortionate payments, sometimes referred to as “points.” According to the statements in Agent Santini’s affidavit, Edwin Edwards and Cecil Brown attempted to conceal the Evergreen bribe payments to Edwin Edwards through Cec