Full opinion text
ORDER DANIEL, District Judge. THIS MATTER is before the Court on Defendants’ motions to suppress evidence obtained through two wiretaps and extensions thereto authorized by United States Senior District Judge Zita L. Weinshienk. In the course of investigating the Willie Small Drug Distribution Organization (“Defendant Small’s Organization” or “the Organization”), the Government applied for and received authorization to conduct electronic surveillance pursuant to Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. §§ 2510, et seq. As a result of these interceptions, law enforcement arrested Defendant Willie Small and numerous members of the Organization pursuant to a multi-count Indictment that was filed on June 7, 2001. Defendants moved to suppress the evidence obtained as a result of these wiretaps and the Court conducted evidentiary hearings on Defendants’ motions on March 11, 12,13, 14 and June 12, 2002. I carefully considered and evaluated Defendants’ challenges to these Title III intercepts and, for the reasons set forth below, Defendants’ motions to suppress are DENIED. I. Background of the Investigation The investigation, resulting in the prosecution of these Defendants, was conducted by the Metro Gang Task Force (“MGTF”) and began in approximately September 2000. The lead case agent who worked on the investigation was Todd Wilcox (“Agent Wilcox”), a special agent with the Federal Bureau of Investigation with more than ten years experience as a law enforcement officer. As part of their investigation, members of the MGTF utilized the assistance of one confidential source (“CS-1”). During the period of the investigation from September 2000 to January 2001, CS-1 conducted nine controlled purchases from the Organization which yielded a total of approximately 243 grams of crack cocaine. The investigation also used, with varying degrees of success, surveillance, witness interviews, pen registers, trap and trace information, criminal history information, and record searches. According to the Affidavits submitted in support of the wiretap Applications, these investigative methods were insufficient to meet the stated objectives of the investigation. The objectives of the investigation were to obtain admissible evidence of: (1) information' leading to the identification of all of the individuals supplying' Defendant Small’s Organization, and others yet unknown, with controlled substances (cocaine and crack cocaine); (2) information leading to the identification of the persons distributing and transporting controlled substances (cocaine and crack cocaine) on behalf of Defendant Small’s Organization, and others yet unknown; (3) information leading to the identification of the times and locations of meetings during which Defendant Small’s Organization, and others yet unknown, distributed to others controlled substances (cocaine and crack cocaine) for further distribution; (4) identification of other communication facilities (wire, oral and/or electronic) utilized by Defendant Small’s Organization, and others yet unknown, in furtherance of their criminal activity; (5) the complete nature and scope of Defendant Small’s Organization; and (6) the times of importation into, and the delivery of, the controlled substances (cocaine and crack cocaine) within the District of Colorado. See, e.g., Gov’t Ex. IB ¶ 10. On March 28, 2001, the Government sought authority to install a wiretap on a cellular telephone used by Defendant Small. Judge Weinshienk authorized the interception of wire communications from that facility and on April 20, 2001, she authorized the Government to install a wiretap on Defendant Small’s home telephone. She eventually granted two extension Orders for continued interceptions of Defendant Small’s cellular telephone and one extension Order for the continued interception of Defendant Small’s home telephone. On June 7, 2001, a sixty-two count Indictment was returned against twenty-nine Defendants charging twenty-eight of those Defendants with knowingly and intentionally conspiring to distribute and possess crack cocaine in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A)(iii), 846 and 18 U.S.C. § 2. On August 8, 2001, an eighty-count Superseding Indictment was returned, adding three additional Defendants to the case, charging Defendant Thurman McKnight in the conspiracy count, and adding additional charges against some of the Defendants who were charged in the original Indictment. II. Details Concerning the Wiretaps (1) First Wiretap: 01-WT-06 (issued March 28, 2001; extended on April 27, 2001, and May 25, 2001) The first wiretap Order (“First Wiretap”), intercepted communications from cellular telephone number (720) 291-7118, subscribed to John Small, 10150 E. Virginia Avenue, Bldg. 6-205, Denver, Colorado, and was believed to be used primarily by Willie Small. See Gov’t Exs. 1A, 2A and 3A. The “Main Targets” of the First Wiretap were “WILLIE SMALL, and THE WILLIE SMALL DRUG DISTRIBUTION ORGANIZATION!)]” Id. The “Named Interceptees” were: Willie Small; John Small; Keyonna Davis; Dachaun Davis; Rodney Marshall, James Starkey; Lalisha Jackson; Verna Hicks; Alvin Green; and Thomas Manzanares. See Gov’t Ex. 1A. The first extension to this wiretap, which was granted on April 27, 2001, added Theolian Lloyd, Angela Brewer, Jeff Abreu, Edward Palmer, Daniel McIntyre, Herbert Lewis, Jr., Curtis Hawkins, Zebedee Hall, Brian Harris and Max Cooper to the list of “Named Intercep-tees.” See Gov’t Ex. 2A. A second and final extension to (720) 291-7113 was granted on May 25, 2001. This extension added Dawan Eugene Smith, George Murray, Bridget Johnson, Timothy Chandler, Ernest Gaddis, Frederic Williams, Clarence Threatt, Sammy Woods, Michele Clark, Monta Smith, Ronald Clark and Victor Mendinghall to the list of “Named Interceptees.” See Gov’t Ex. 3A. The second and final extension to the First Wiretap terminated on June 15, 2001. (2) Second Wiretap: 01-WT-10 (issued April 20, 2001; extended on May 18, 2001) The second wiretap Order (“Second Wiretap”), intercepted communications from telephone number (720) 747-4732, subscribed to Dachaun Davis, 1939 South Quebec Way, Bldg. K-1001, Denver, Colorado, and was believed to be used primarily by Dachaun Davis and Willie Small. The “Main Targets” of the Second Wiretap were also “WILLIE SMALL, and THE WILLIE SMALL DRUG DISTRIBUTION ORGANIZATION!)]” The “Named Interceptees” were: Willie Small; John Small, Keyonna Davis; Dachaun Davis; Rodney Marshall, James Starkey; Lalisha Jackson; Verna Hicks; Alvin Green; Thomas Manzanares; Theolian Lloyd; Angela Brewer; Jeff Abreu; Edward Palmer; and Herbert Lewis, Jr. See Gov’t Ex. 4B. An extension was granted on the Second Wiretap on May 18, 2001. The extension added Daniel McIntyre, Curtis Hawkins, Zebedee Hall, Brian Harris, Max Cooper, Dawan Eugene Smith, George Murray, Bridget Johnson, Timothy Chandler, Ernest Gaddis, Frederic Williams and Clarence Threatt to the list of “Named Intereeptees.” See Gov’t Ex. 5B. The extension to (720) 747-4732 terminated on June 15, 2001. III. Title III Wiretaps The federal wiretap statute, Title III of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 18 U.S.C. §§ 2510-2522 (1994 & Supp.2000), establishes a three-tiered procedure for obtaining authorization to intercept wire or oral communications. Strict adherence to these procedural steps is a prerequisite to issuance of a wiretap order. United States v. Giordano, 416 U.S. 505, 94 S.Ct. 1820, 40 L.Ed.2d 341 (1974). First, a duly authorized law enforcement officer must obtain approval from the United States Attorney General or a specifically designated Assistant Attorney General in order to apply to a federal judge for a wiretap. See 18 U.S.C. § 2516(1). Second, once such approval is obtained, the officer must present to the judge a written application for a wiretap. See 18 U.S.C. § 2518(1). Third, the judge must make certain enumerated findings and may issue an ex parte order containing specified elements. See 18 U.S.C. § 2518(3). Title III further provides for the suppression of all evidence derived from a wiretap if “the communication was unlawfully intercepted,” or “the order of authorization or approval under which it was intercepted is insufficient on its face,” or “the interception was not made in conformity with the order of authorization or approval.” 18 U.S.C. § 2518(10)(a). Defendants move to suppress the intercepted communications on the grounds that: (1) the Government’s Applications and Affidavits are facially insufficient and failed to satisfy the “necessity” requirement set forth in 18 U.S.C. §§ 2518(1)(c) and (3)(c); (2) the Affidavits contained material misrepresentations and omissions that negate or vitiate the “necessity” and probable cause findings; (3) the Applications, Orders and the First Affidavit contained several ‘technical violations’ of the wiretap statute; (4) the Application and Order for the First Wiretap failed to name certain intereeptees; (5) the Government failed to properly “minimize” the intercepted communications; and (6) the Government failed to demonstrate probable cause for each interceptee. These arguments will be addressed seriatim. IV. The ‘Necessity’ Requirement A wiretap authorization order is presumed proper and the defendants have the burden of overcoming that presumption. United States v. Vanmeter, 278 F.3d 1156, 1163 (10th Cir.2002). Title III requires that the Government’s wiretap application include “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.” 18 U.S.C. § 2518(1)(e). In addition, the judge issuing the order must make a finding that “[njormal investigative procedures have been tried and have failed or reasonably appear to be either unlikely to succeed if tried or are too dangerous.” 18 U.S.C. § 2518(3)(c). Thus, before a wiretap is authorized the Government must demonstrate, and the issuing judge must conclude, that normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or appear to be too dangerous. The purpose of these two requirements is to ensure that the relatively intrusive device of wiretapping is not resorted to in situations where traditional investigative techniques would suffice to expose the crime. United States v. Castillo-Garcia, 117 F.3d at 1179, 1185 (10th Cir.1997). The Tenth Circuit defines traditional investigative techniques as: “(1) standard visual and aural surveillance; (2) questioning arid'interrogation of witnesses' or participants (including the use of grand juries and the grant of immunity if necessary); (3) use of search warrants; and (4) infiltration of conspiratorial groups by undercover agents or informants.” Ramirez-Encarnacion, 291 F.3d at 1222, n. 2 (internal quotation marks and citations omitted). Pen registers and trap-and-trace devices are also included in the range of traditional techniques. Id. If any of'these investigative techniques has not been tried, the Government must explain with particularity why each such unattempted technique would be either unsuccessful or too dangerous. Id. However, “th"e Government’s failure to explain its use or non-use of normal investigative techniques will not be fatal to its wiretap application if it is clear, under’ the government’s recitation of the facts of the case, that requiring the government to attempt the unexhausted and unexplained normal investigative techniques would be unreasonable.” Castillo-Garcia, 117 F.3d at 1188. The Government’s burden of establishing its compliance with subsection 2518(1)(c) is not great and should be reviewed in a practical and commonsense fashion. Id. at 1187. “Merely because a normal investigative technique is theoretically possible it does not follow that it is likely.” S. REP. 90-1097 (1968), reprinted in 1968 U.S.C.C.A.N. 2112, 2190. The wiretapping statute “does not mandate the indiscriminate pursuit to the bitter end of every non-electronic device as to every telephone and principal in question to a point where the investigation becomes redundant or impractical or the subjects may be alerted and the entire investigation aborted by unreasonable insistence upon forlorn hope.” United States v. Bennett, 219 F.3d 1117, 1122 (9th Cir.2000) (citing United States v. Baker, 589 F.2d 1008, 1013 (9th Cir.1979)). Finally, the Government is only required to demonstrate necessity as to the primary targets of the wiretaps. United States v. Mitchell, 274 F.3d 1307, 1312 (10th Cir.2001). Defendants, however, rely on the Tenth Circuit’s unpublished decision of United States v. Arrington, 216 F.3d 1088, 2000 WL 775576 (10th Cir.2000), and argue that the necessity showing must be made as to each interceptee individually. I agree with the Government that the Arrington decision should be limited to its facts and that I should follow the Tenth Circuit’s more recent pronouncement in Mitchell. 274 F.3d at 1312 (necessity for a wiretap is not required to be shown as to all named interceptees). Defendants’ arguments that the wiretaps failed to satisfy the “necessity” requirement fall into two categories: (1) facial challenges to the sufficiency of the Affidavits filed in support of the wiretap Applications; and (2) subfacial challenges to the Affidavits, ie., Defendants question the veracity of the Affidavits by asserting that they contain material misstatements and omissions. As to Defendants’ facial challenges to the Affidavits, I confine my analysis to the information before Judge Weinshienk: the Applications (Gov’t Exs. 1A, 2A, 3A, 4A and 5A), the Affidavits in support of the Applications (Gov’t Exs. IB, 2B, 3B, 4B and 5B), the Orders authorizing the interception of wire communications (Gov’t Exs. 1C, 2C, 3C, 4C and 5C) and the in camera proceedings (Gov’t Exs. IE, 2D, 4D, 5D). Defendants’ subfacial challenges to the Affidavits are addressed under the framework of Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), in Section “V.” of this Order. My analysis under Franks takes into account all of the information before Judge Weinshienk as well as the evidence adduced at the hearings before me. With these considerations in mind, I now examine each wiretap Application and accompanying Affidavit at issue in this case to determine whether they comply with Title Ill’s ‘necessity’ requirement. A. Facial Challenges to the Sufficiency of the Affidavits 1. FiRST Wiretap (Cellular Telephone), 01-WT-06 Defendants contend the Affidavit for the First Wiretap (“First Affidavit”) is facially insufficient because law enforcement officers achieved success with traditional investigative methods and the First Affidavit contained “boilerplate” and eonclusory statements regarding necessity that merely tracked the language of the statute. As set forth below, my examination demonstrates that the First Affidavit was facially sufficient and satisfied the “necessity” requirement of Title III. (a.) Surveillance The First Affidavit explained that investigators performed extensive surveillance before applying for the First Wiretap. Gov’t Ex. IB ¶¶ 25-113, 230-248. Surveillance observed CS-1 make controlled buys from Defendant Small, Defendant Dachaun Davis and Defendant Keyonna Davis at various locations including a gas station and a McDonald’s restaurant. Id. at ¶¶ 28, 32, 54, 61, 70, 78, 88, 100. Surveillance of Defendant Small at the times and locations of controlled narcotics purchases revealed his address, two automobiles he frequently used, potential storage facilities for narcotics and that Defendants Dachaun Davis and Keyonna Davis appeared to be distributing crack cocaine at Defendant Small’s direction. Id. at ¶¶ 27-28, 36, 43, 61, 64, 70, 80, 88, 230-32, 234. Investigators also conducted surveillance and traffic stops in an attempt to identify the occupants of the vehicles that interacted with Defendant Small. Id. at ¶¶ 38, 45-46, 72, 91, 93-94, 104, 108. Further, beginning in early March 2001, surveillance of the areas surrounding Defendant Small’s prior and new residences was conducted by a remote controlled video camera. Id. at ¶¶ 110-111. . Nonetheless, the physical surveillance did not adequately meet the objectives of the investigation. The First Affidavit explained that physical surveillance of the persons involved in the operation of the conspiracy had failed to reveal the full scope of Defendant Small’s Organization, had not shown where and how often the delivery of narcotics occurred, nor had it revealed potential suppliers to the Organization. Id. at ¶¶ 249-253. Surveillance merely revealed the suspects in the company of other persons allegedly involved in the conspiracy. Surveillance had revealed significant foot traffic and short meetings at Defendant Small’s and Defendant Key-onna Davis’s residences but surveillance could not reveal the purpose or the nature of those meetings. Moreover, such surveillance also ironically threatened to jeopardize the investigation’s success. The First Affidavit explained that Defendant Small moved because of increased police presence — that is, physical surveillance— at his residence. Id. at ¶ 99. Thus, the First Affidavit sufficiently demonstrated that surveillance was tried but failed to reveal the Organization’s suppliers or the full scope of the Organization. (b.) Questioning and Interrogation op Witnesses or Participants The First Affidavit set forth in detail the questioning of witnesses that took place during the pre-wiretap stage of the investigation. Gov’t Ex. IB ¶¶ 49-51, 258-61, 271. In October 2000, agents stopped James Starkey after observing what appeared to be a drug transaction between Starkey and Defendant Small. Id. at ¶¶ 50, 258. Upon being asked to cooperate with law enforcement, Starkey agreed, corroborated information provided by CS-1 and was released with instructions to contact investigators the following day. Id. at ¶¶ 258-59. Starkey never contacted- the agents as promised and even prevented agents from contacting him by disconnecting his pager. Id. The First Affidavit described two instances where agents conducted traffic stops involving individuals that surveillance observed meeting with Defendant Small. Id. at ¶¶ 38, 91. Those stops, however, did not result in an opportunity for agents to question or interrogate the alleged witnesses or participants. Id. The First Affidavit further explained why questioning or interrogating potential witnesses identified prior to this wiretap Application, such as Defendants Dachaun Davis, Keyonna Davis, Alvin Green, James Starkey, Rodney Marshall, and Thomas Manzanares, was unlikely to succeed in developing evidence about the members of Defendant Small’s Organization or was too dangerous. Because of the close knit, familial nature of the Organization, only Defendant Small, Keyonna Davis and Da-chaun Davis were known to have sufficient knowledge of the inner workings of the Organization and the other witnesses could only provide information duplicative of that provided by CS-1 and Starkey. The First Affidavit stated that the risk to investigation posed by approaching these witnesses was not worth the benefit derived from their assistance. Id. at ¶¶ 265, 267, 273. The First Affidavit further provided that witnesses were unlikely to provide information to authorities about Defendant Small’s operations because of then-relationship with Defendant Small. Id. at ¶¶ 265, 273, 278. The First Affidavit also indicated that one suspect, Alvin Green, had previously cooperated with the Government in a different investigation, but proved too untrustworthy to continue that relationship. Id. at ¶ 269. No other potentially useful witnesses could be safely approached at the time of the wiretap request. Id. at ¶ 275. Consequently, the specific and particularized information in the First Affidavit demonstrates that the above-mentioned potential witnesses would not assist agents in achieving the investigation’s stated objectives. The First Affidavit also indicated that interviews or grand jury testimony would be detrimental to achieving the objectives of the investigation because they might have alerted other conspirators to the investigation. Id. at ¶¶ 276-79. Finally, any grant of immunity would be equally ineffective because it would have foreclosed prosecution of the most culpable members of the conspiracy and could not ensure that immunized witnesses would provide truthful testimony. Id. at ¶ 279. (c.) Seaech Warrants In the First Affidavit, Agent Wilcox stated that probable cause existed to obtain a search warrant for Defendant Small’s residences at 10150 E. Virginia Ave., Bldg. 6-205 and 1939 S. Quebec Way, Building K-1001, and that he thought he also had probable cause to obtain a search warrant for Defendant Keyonna Davis’s residence at 425 South Galena Way, Building 4-108. Gov’t Ex. IB ¶ 282. However, agents concluded that executing search warrants would jeopardize the investigation and was unlikely to succeed in achieving the objectives of the investigation. The search of the above-mentioned residences would only implicate Defendant Small and Defendant Keyonna Davis and would merely provide additional bases to charge those Defendants without providing admissible evidence against any suppliers or co-conspirators. Id. at ¶¶ 283-85. Finally, the First Affidavit stated that executing search warrants would most likely cause the suspects to flee, destroy evidence, or halt their business. Based on the foregoing, I conclude that the Affidavit and Application for the First Wiretap sufficiently explained that the execution of search warrants was unlikely to expose the scope of the Organization or the Organization’s suppliers and could have jeopardized the investigation before completion of its objectives. (d). Infiltration and Informants Prior to submission of the First Wiretap Application on March 28, 2001, CS-1 could no longer serve as an informant because her identity had been revealed in a separate investigation. Gov’t Ex. IB ¶ 257. In the First Affidavit, Agent Wilcox explained that he discussed the possibility of introducing an undercover agent to Defendant Small with CS-1 in November 2000. Id. at ¶ 272. The Affidavit explained that CS-1 informed Agent Wilcox that Defendant Small only dealt with people whom he trusted. Id. The First Affidavit also described an incident wherein Defendant Small became angry when an individual attempted to introduce him to a stranger. Id. The First Affidavit also described Agent Wilcox’s consideration of placing an informant or an undercover officer at the business locations where Defendant Small or other named intereeptees were believed to be working. Id. at ¶ 274. This option was rejected because, at best, the new confidential informant or undercover agent would duplicate the evidence obtained by CS-1. During her participation in the investigation, CS-1 made nine drug purchases in ever-increasing quantities from Defendant Small’s Organization. Despite CS-l’s dealings with the inner circle of Defendant Small’s Organization, CS-1 was not able to describe the full scope of the Organization nor was she able to provide investigators with any knowledge of the Organization’s suppliers. The First Affidavit detailed the use for five months of one confidential source and why the Government “failed to make the case” during the time she assisted the investigation. It described investigator’s inability to develop another confidential source and explained why using an undercover agent was unlikely to succeed or was too dangerous. Accordingly, the Government provided Judge Weinshienk with a full and complete statement regarding confidential informants and undercover agents. (e.) Pen Registers or trap-and-trace Devices On October 5, 2000, pen registers and trap and trace devices were authorized for Target Telephone One — Defendant Small’s cellular telephone subject to the First Wiretap. Gov’t Ex. IB ¶ 116. The First Affidavit states that pen registers and trap-and-trace devices were subsequently approved for eight additional telephones associated with Defendánt Small’s Organization. Id. at ¶¶ 114-33, 136, 139-41, 154, 159-80. The First Affidavit summarized the particular information gleaned from utilizing both pen registers and trap- and-trace devices for the time period of September 25, 2000, to March 19, 2001. Id. at ¶¶ 126-33, 136, 139-41, 154, 159-80. Although the pen registers and trap- and-traces disclosed called or calling telephone numbers, which law enforcement officers used to obtain subscriber information, such information was of limited use to investigators.. For example, investigators could not identify the individuals placing or receiving the telephone calls from the pen register and trap-and-trace data, only the identity of the individual who subscribed to that particular telephone number. (f.) Other Investigative TeChniques Beyond Castillo-Garcia, ’s five traditional investigative techniques, investigators engaged in public records searches to augment their investigative techniques. The First Affidavit sets forth particularized information regarding additional investigative techniques used by law enforcement, such as: searching criminal histories and computer records; checking records from the United States Postal Service, Public Service utilities, F.B.I. Butte Information Technology Center (“F.B.I. Butte check”), Colorado Department of Labor, Western Union/Money Gram, Financial Crimes Enforcement Network (“FinCen”), and Lexis-Nexis/Choicepoint. Gov’t Ex. IB ¶¶ 181-219. Tax records regarding the alleged members of Defendant Small’s Organization were also examined. Id. at ¶¶ 220-24. The First Affidavit explained that searches of criminal history and computer records revealed little about the suspected drug conspiracy. Id. at ¶¶ 18-21, 39, 44, 47-48, 73-74, 81-82, 105, 134-35,137-38,142-53,155-58. Further, the First Affidavit provided that investigators searched postal records and public service information for-various members of Defendant Small’s Organization. Id. at. ¶¶ 181-90. Although helpful, this information merely corroborated investigators’ suspicions regarding the addresses where Defendant Small and certain co-conspirators resided or spent a considerable amount of time. Id. at ¶¶ 181, 183. Further, contacting the F.B.I. Butte Information Technology Center, checking the Department of Labor wage reports and checking wire transfers through Western Union and MoneyGram only provided some useful information. Id. at ¶¶ 191-212. 2. Second Wiretap (Home Telephone); 01-WT-10-Z Defendants contend that the Affidavit filed in support of the Second Wiretap (“Second Affidavit”) did not set forth a “full and complete” statement pursuant to 18 U.S.C. § 2518(1)(c) because it was essentially a carbon copy of the Affidavit for the First Wiretap. Even assuming that the Second Affidavit was remarkably similar to the Affidavit for the First Wiretap, that fact alone would not negate a necessity finding for the Second Wiretap. In comparison to the First Wiretap, the Second Wiretap sought approval for interceptions on Defendant Small’s home telephone instead of his cellular telephone. The need for an additional wiretap in this case did not result from the identification of a “new target” during the interceptions of the First Wiretap. The targets of the Second Wiretap were the same targets identified in the First Wiretap. Further, the Second Affidavit demonstrated that the Organization continued to operate in the same manner as described in the First Affidavit. The use of similar language in the Second Affidavit was inevitable under these circumstances. In addition, Defendants claim that the Second Affidavit did not disclose whether investigators performed certain traditional investigative techniques, specifically, additional record checks from the United States Postal Service, Public Service utilities, F.B.I. Butte Information Technology Center (“F.B.I. Butte check”), Colorado Department of Labor, Western Union/Money Gram, Financial Crimes Enforcement Network (“FinCen”), and Lexis-Nexis/Choicepoint. While this statement is not completely accurate, a “full and complete” statement does not mean that the Government disclose to an issuing judge every minute detail of an investigation or every conceivable lead not followed. As set forth supra, the Government’s failure to explain its use or non-use of normal investigative techniques will not be fatal to its wiretap application in all cases. Each wiretap, standing alone, must still satisfy the necessity requirement. United States v. Carneiro, 861 F.2d 1171, 1176 (9th Cir.1988). The Second Affidavit incorporated the First Affidavit and described the information obtained from the interceptions for the First Wiretap. The Second Affidavit also contains two new sections devoted entirely to evidence related to Defendant Small’s home telephone. See Gov’t Ex. 4B ¶¶ 124-163. As set forth below, I find that the Affidavit and Application for the Second Wiretap satisfied the necessity requirement of § 2518(1)(c). (a.) SurveillanCE The Second Affidavit provided the results obtained from continued surveillance of the suspects following the authorization of the First Wiretap on March 28, 2001. Gov’t Ex. 4B ¶¶ 36, 39, 44, 47, 49, 52, 57-58, 65-67, 76, 80-82, 86, 89, 93, 96, 100, 127, 147. The Second Affidavit described how agents continued to observe Defendant Small meeting with various individuals under circumstances similar to his narcotics transactions with CS-1. Id. Surveillance identified numerous individuals, including some newly identified by use of the First Wiretap, making narcotics transactions with Defendant Small at various locations. Id. Even with the benefit of the First Wiretap, however, surveillance was still incapable of establishing drug sources and- had not revealed the full extent of Defendant Small’s distribution to his clientele. Id. at ¶¶ 253, 257-58. (b.) Questioning And Interrogation of Witnesses or Participants In addition to the information incorporated from the First Affidavit, the Second Affidavit detailed unsuccessful efforts to question and interrogate newly identified witnesses since the commencement of the First Wiretap. The Affidavit described the questioning of Carlos Johnson after he was arrested leaving Defendant Small’s home in a vehicle that was listed as stolen. Gov’t Ex. 4B ¶¶ 82-83. Johnson agreed to cooperate with investigators and informed them that the crack found on him at the time of his arrest came from a dealer named “Big Mike.” Id. He was unable to provide further information regarding “Big Mike’s” whereabouts or how to contact him. The Second Affidavit indicated that Agent Wilcox believed Johnson’s source of crack to be Defendant Small but did not ask Johnson specific questions about Defendant Small so as to not alert him to the ongoing investigation. Id. at ¶ 84. The Second Affidavit continued to reflect Agent Wilcox’s fear that Keyonna Davis and Dachaun Davis, as close relatives of Defendant Small, would alert him to the ongoing investigation if they were questioned. Id. at ¶¶ 266, 267, 272. In addition, newly learned facts about previously identified witnesses or participants confirmed law enforcement’s decisions not to question or interrogate those individuals. The fact that only Defendant Small and a few close family members accessed Defendant Small’s narcotics supply was evident from several conversations intercepted in the short period since the First Wiretap had been granted. Gov’t Ex. 4B at ¶¶ 98, 114, 120-21, 157, 159. Thus, I find that the Second Affidavit sufficiently established that questioning and interrogation of witnesses or participants had been tried and failed and was unlikely to succeed if tried with other known witnesses or participants or was too dangerous. (c.) Search WarraNts The same justifications mentioned for not searching Defendant Keyonna Davis’s or Defendant Small’s residences stated in the First Affidavit were incorporated in and applied to the Second Affidavit. The execution of search warrants at those locations would not identify drug suppliers, methods of delivery, or purchasers. Gov’t Ex. 4B ¶ 293. The Second Affidavit also described intercepted communications relating to another building, located at 1313 Xenia Street, Denver, Colorado, where Defendant Small might have ' been storing narcotics. Id. at ¶¶ 95, 96, 104. The agents did not have probable cause to search that location when they submitted the Application for the Second Wiretap. Id. at ¶¶ 291-94. (d.) Infiltration And Informants The Second Affidavit stated that investigators had not discovered any additional prospective informants with knowledge of Defendant Small’s drug conspiracy since the commencement of the First Wiretap. Gov’t Ex. 4B ¶¶ 282-83. Indeed, it was also confirmed during the same interim period that the Organization appeared to be a close knit, family run drug organization. Id. at ¶ 98, 114, 120-21, 155-61, 280. Additionally, investigators intercepted a call on April 3, 2001, in which Defendant Small specifically stated he would deal only with an exclusive set of individuals. Id. at ¶ 112. Accordingly, agents continued to doubt that an undercover officer could begin a successful narcotics relationship with Defendant Small through various business venues. Id. at ¶ 281. The Second Affidavit incorporates the details of CS-l’s involvement in the investigation and explained Agent Wilcox’s reasonable conclusion that attempts to use undercover agents or further attempts to use confidential informants was unlikely to succeed or was too dangerous. (e.) Pen Registers or trap-and-trace DEVICES Pen registers and trap-and-trace devices disclosed that calls frequently were made from the subject landline telephone to other telephones suspected to be involved in the trafficking of narcotics. Gov’t Ex. 4B ¶ 175-80, 297. However, as was true for the instance of the March 28, 2001, Wiretap Application, pen register information alone could not reveal the identities of the persons making or receiving phone calls, the nature of the business being conducted, or the contents or purposes of the conversations. Id. at ¶¶ 297-99. (f.) Other Investigative Teohniques The Second Affidavit sets forth limited results from additional investigative techniques. Specifically, the Second Affidavit demonstrated that investigators searched postal records and public service information for three new addresses obtained during the investigation. Id. at ¶¶ 185-87, 194. The Second Affidavit also detailed the results of previous attempts to learn useful information from contacting the F.B.I. Butte Information Technology Center, checking the Department of Labor wage reports, and checking wire transfers through Western Union and MoneyGram. Id. ¶¶ 181-228. Although these techniques provided some useful information, they were inadequate to advance or complete the investigation’s objectives. 3. First Extension of First Wiretap, (Cellular Telephone) 01-Wt-06 Under 18 U.S.C. § 2518(5), “[extensions of an order may be granted, but only upon application for an extension made in accordance with subsection (1) of this section and the court making the findings required by subsection (3) of this section.” The Application and Affidavit for the first extension to the First Wiretap, 01-WT-06, dated April 27, 2001, detailed information obtained during the first thirty days of the First Wiretap, and after the first few days of interceptions on the Second Wiretap and incorporated the Affidavits from the First and Second Wiretaps. As set forth below, I find that the Government complied with §§ 2518(1)(c) and (5) for the first extension to the First Wiretap. (a.) Surveillance With two wiretaps now in place, the Affidavit for the first extension to the First Wiretap detailed several instances where physical and electronic surveillance, used in tandem, verified the continued participation of certain individuals in Defendant Small’s Organization, and led to the identification of other possible participants. Gov’t Ex. 2B ¶¶ 43-45, 61, 67, 80, 83, 87, 109, 114, 119-20, 136. The Affidavit also described several intercepted communications where Defendant Small indicated that he was expecting his narcotics supplier to arrive on a flight from California. Id. at ¶¶ 101, 102, 105, 130. However, using physical and electronic surveillance failed to conclusively identify any suppliers during this time period. The Affidavit also detailed an instance when surveillance was detected. Id. at ¶ 142. Therefore, I find that the Application and Affidavit for the first extension of 01-WT-06 sufficiently established that surveillance continued to be used or attempted, but was unlikely to be successful. (b.) Questioning and Interrogation of Witnesses or Participants The Affidavit described investigators’ interactions with new potential witnesses or participants, including Douglas Dugar. See Gov’t Ex. 2B ¶ 136. The Affidavit explained agents’ fear of interviewing Du-gar because he was likely to alert Defendant Small to the investigation. Id. at ¶ 320. The Affidavits demonstrated that none of the potential witnesses — be they long known or recently discovered — would likely cooperate or advance the investigation. No other witnesses were known to be willing to cooperate. Id. at ¶ 318. (c.) Search Warrants No new residences evidenced sufficient probable cause to execute a search warrant. Gov’t Ex. 2B ¶ 330. Accordingly, I find that the Application and Affidavit for the first extension of the First Wiretap dated April.27, 2001, sufficiently demonstrated that use of search warrants was unlikely to be successful in attaining the investigation’s objectives. (d.) Infiltration and Informants This Affidavit described continued interceptions reflecting the insular and tight-knit group participating in Defendant Small’s Organization. Gov’t Ex. 2B ¶¶ 86, 155-60, 170, 190, 316. Furthermore, no new information suggested that informants or undercover agents would be more likely than at any prior time in establishing a narcotics relationship with Defendant Small. Id. at ¶ 170, 317. (e.) Pen Registers or trap-and-trace Devices The Affidavit sufficiently explained that pen register, trap-and-trace, and toll information was subject to the same limitations noted in the previous Applications and Affidavits and would not advance the investigation. See Gov’t Ex. 2B ¶ 335. 4. First Extension of Second Wiretap (Home Telephone), 01-WT-10 The Affidavit for the first extension of the Second Wiretap, 01-WT-10, dated May 18, 2001, incorporated information obtained during the first thirty days of that wiretap and also information from the first forty days on the First Wiretap, 01-WT-06. The Affidavit contained repeatéd references to Defendant Small’s conversations regarding a slowdown in his business, but verified that Defendant Small continued to be distributing a significant amount of controlled substances. Gov’t Ex. 5-B, ¶¶ 21-99. (a.) Surveillance Although the combination of surveillance and wiretapping detected potential narcotics transactions between Defendant Small and several individuals including some previously unknown persons, investigators believed continued surveillance alone would be unable to conclusively establish the sources and storage locations of the drugs and money, or the roles of each conspirator. Id. at ¶¶ 28-34, 37, 41-42, 47-50, 59-60, 75-78, 89-90,186,187-89. In sum, the Application and Affidavit for the first extension of the Second Wiretap, dated May 18, 2001, established that surveillance was ongoing and that continued surveillance would likely be unsuccessful by itself in advancing the investigation. (b.) Questioning and Interrogation of Witnesses or Participants The Application and Affidavit for the first extension of the Second Wiretap as well as the testimony of the applicants to Judge Weinshienk during the in camera hearings, reiterated the difficulty with questioning or interrogation of known and newly discovered witnesses and participants. See Gov’t Ex. 5D, p. 3-5. During the in camera hearing, Agent Wilcox described the' recent arrests of Edward Palmer and Ronald Clark and explained their unwillingness to cooperate with investigators. Id. This Affidavit, together with the information presented orally to Judge Weinshienk, sufficiently explained that questioning and interrogation of witnesses or participants had failed and, if pursued further, was unlikely to succeed and would jeopardize the investigation. (c.) Search Warrants The Affidavits for the First Wiretap, its first extension, and the Second Wiretap set forth the reasons why search warrants were not sought for the residences for which authorities might have sustained probable cause to search. This Affidavit described newly intercepted conversations between Defendant Small and a woman identified to be Bridget Johnson, which confirmed investigators’ suspicions that Defendant Small was storing drugs at Johnson’s apartment located at 1313 Xenia Street, #401, Denver, Colorado. Gov’t Ex. 5B ¶¶ 35, 36, 61, 62. However, this Affidavit explained why a search of this apartment would not adequately advance law enforcement’s attempts to expose the scope of the conspiracy and could expose the investigation and threaten its success. Id. at ¶¶ 235-36. No other known residences evidenced sufficient probable cause to be searched. Id. at ¶¶ 232-36. (d.) Infiltration and Informants Although law enforcement continued to try to entice conspirators to act as informants once they were arrested on other matters, the possibility of recruiting a new informant or placing an undercover officer in a meaningful narcotics relationship with Defendant Small remained remote. Gov’t Ex. 5B ¶¶ 39, 87, 218-21, 224; Gov’t Ex. 5D, p. 3-5. During the in camera hearing with Judge Weinshienk, the Applicant, through Assistant United States Attorney (“AUSA”) Kathleen M. Tafoya, stated, “[W]e’re unable to really develop any confidential informants in this case. They’ve all been to prison so many times, they’re so savvy that they just won’t [talk to us].” Gov’t Ex. 5D, p. 5. Further, the Affidavit detailed that even in the midst of a downturn in business, Defendant Small abhorred the idea of meeting “new people” to transact business. See Gov’t Ex. 5B ¶¶ 39, 87. I find that the Application and Affidavit for the first extension of the Second Wiretap dated May 18, 2001, sufficiently showed that further attempts to use additional confidential informants or undercover officers had failed, were not likely to succeed or were too dangerous. (e.) Pen Registers or trap-and-trace Devices Pen registers, trap-and-traces, and toll information continued to be gathered for the telephones associated with Defendant Small, but were subject to the same limitations noted previously. Gov’t Ex. 5B ¶¶ 237-40. Moreover, absent additional authorizations for interception, the investigators believed that these investigative methods had been used “to a point of diminishing marginal returns.” Id. at ¶ 237. 5. Second Extension of First Wiretap (Cellular Telephone) 01-WT-06 The Affidavit for the second extension to wiretap 01-WT-06 dated May 25, 2001, detailed information obtained during the first sixty days of the cellular phone wiretap and the first thirty plus days on Defendant Small’s home telephone. (a.) Surveillance Surveillance, in conjunction with interceptions, continued to suggest locations where drugs and money were being exchanged, and helped identify potential co-conspirators in the Defendant Small’s Organization. Gov’t Ex. 3B ¶¶ 22-101. In particular, this Affidavit detailed surveillance on Defendant Alvin Green, suspected of being one of Defendant Small’s suppliers, as he traveled to Los Angeles. Id. at ¶¶ 48-51, 80-83, 85-87, 90-101. Law enforcement trailed Defendant Green on May 23, 2001, from Denver to Los Ange-les, California, where surveillance was continued to determine whether he was purchasing cocaine or crack cocaine. Id. at ¶¶ 98-100. Officers believed Defendant Green might have been suspicious that he was being followed. Id. at ¶¶ 100, 101, 255. Once in Los Angeles, agents observed Defendant Green making what they termed “burn runs” — erratic driving trying to detect surveillance. Id. at ¶ 99. Consequently, surveillance was terminated. Id. Surveillance alone continued to be unable to conclusively establish the sources of the drugs or the roles of every conspirator. Id. at ¶¶ 194-96. Continued surveillance had also jeopardized the investigation, especially with the growing suspicions of Defendant Green. Id. at ¶¶ 213, 254-56. (b.) Questioning and INTERROGATION of Witnesses or Partioipants Information about new potential witnesses and newly developed information about previously known individuals demonstrated that these persons were likely to refuse or did refuse to provide information about Defendant Small’s operations to authorities. Gov’t Ex. 3B ¶¶ 72, 74, 84, 101, 213-19. Specifically, the Affidavit described communications where Defendant Small and Timothy Chandler discussed the recent arrest of Ronald Clark. Id. at ¶¶ 72-73. After Defendant Small expressed concern that Clark would inform investigators about Small’s drug trafficking, Chandler, who is Clark’s nephew, assured Defendant Small that his uncle would not talk to investigators. Id. Beyond those already described, there were no other known witnesses who could be safely approached for questioning. Id. at ¶ 224. (c.) Search Warrants No new locations evidenced sufficient probable cause to be searched. Gov’t Ex. 3B ¶¶ 234, 237. Accordingly, this Affidavit, and the previous Affidavits incorporated by reference, sufficiently demonstrated that search warrants were unlikely to advance the investigation. (d.) Infiltration and Informants The Affidavit for the second extension sufficiently described why successfully using undercover agents and additional confidential informants remained unlikely. Gov’t Ex. 3B ¶¶ 221, 223, 224. (e.) Pen Registers or trap-and-trace Devices Finally, this Affidavit indicated that pen register, trap-and-trace, and toll information was subject to the same limitations noted in the other Applications and Affidavits and did not reveal the information that investigators needed to further their objectives. Gov’t Ex. 3B ¶¶ 240, 242, 243. 6. Conclusions Regarding Necessity My separate review of each Application and Affidavit results in one conclusion; the Government satisfied Title Ill’s necessity requirement. 18 U.S.C. §§ 2518(1)(c) and (3)(c). The Affidavits described the traditional investigative techniques that had been tried against Defendant Small and his Organization, why they had failed and, if they had not been tried, the Affidavits explained with particularity why any such untried techniques would be either unsuccessful or too dangerous. Defendants’ argument that Judge Weinshienk should not have exercised her discretion and concluded that the First Wiretap was necessary is also unfounded. They claim that traditional investigative techniques had been successful and investigators’ decision to not use an undercover agent or develop another confidential informant is fatal to Judge Weinshienk’s conclusion that the First Wiretap was necessary. However, Congress did not require the exhaustion of “specific” or “all possible” traditional investigative techniques before a wiretap may be authorized. United States v. Daly, 535 F.2d 434, 438 (8th Cir.1976). Nor must traditional investigative techniques have been completely unsuccessful. United States v. Spagnuolo, 549 F.2d 705, 710 (9th Cir.1977). Rather, 18 U.S.C. § 2518 is “simply designed to assure that wiretapping is not resorted to in situations where traditional investigative techniques would suffice to expose the crime,” United States v. Kahn, 415 U.S. 143, 153 n. 12, 94 S.Ct. 977, 39 L.Ed.2d 225 (1974), and that the statute safeguards against wiretapping “procedures (being) routinely employed as the initial step in criminal investigation.” Giordano, 416 U.S. at 515, 94 S.Ct. 1820. I am convinced that the wiretaps here were not “employed as the initial step in the investigation.” The Affidavits explained that other techniques were used first and that these other techniques failed to yield certain information concerning the Organization. Since the Government is not required to use a wiretap only as a last resort, it was not necessary that the Government explain away all possible alternative techniques. Thus, there is no basis for me to find that Judge Weinshienk abused her discretion when she concluded that this wiretap was “necessary” and, based on my own review of the Applications and Affidavits, I also conclude that the wiretaps were “necessary.” While Defendants have made great efforts to demonstrate how the investigation of Defendant Small could have been handled differently, the fact that Aigent Wilcox and the MGTF could have taken additional or different steps in their investigation does not undermine the necessity finding in this case. Carneiro, 861 F.2d at 1178; Carrillo, 123 F.Supp.2d at 1245. I agree with other courts that have given these “[a]fter-the-fact suggestions by defense attorneys” little weight in determining statutory compliance with § 2518(1)(c). Carrillo, 123 F.Supp.2d at 1245; accord United States v. Webster, 734 F.2d 1048, 1055 (5th Cir.1984) (fact that counsel on appeal could list conceivable techniques for investigation is not dispositive; court will not invalidate a wiretap order because defense lawyers are able to suggest post factum some investigative technique that might have been used but was not); United States v. Feldman, 535 F.2d 1175, 1178 (9th Cir.1976) (even though defendant suggests ways in which surveillance and infiltration might have worked she is not entitled to second-guess FBI by suggesting alternatives reasonably discarded as not feasible by those conducting investigation). I find that the Government has set forth in detail which normal investigative techniques have been tried and failed, and, if they have not been tried, explained with particularity why each such untried technique would be either unsuccessful or too dangerous. 18 U.S.C. § 2518(1)(c). Accordingly, and under either standard of review as discussed supra, I conclude that necessity has been demonstrated in this case. 18 U.S.C. § 2518(3)(c). V. Subfacial Challenges to the Affidavits Under Franks v. Delaware The Tenth Circuit has held that where, as here, a defendant seeks to penetrate the Affidavit and assert a subfacial challenge to its truth on the grounds that the Affidavit used to secure the wiretap Order contained material misstatements or omissions of fact, the challenge proceeds under the framework for evaluating search warrants established by the Supreme Court in Franks v. Delaware. Ramirez-Encarnacion, 291 F.3d at 1223-24; Green, 175 F.3d at 828. Under Franks, a defendant is entitled to a hearing if he makes a substantial preliminary showing that a “false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit, and if the allegedly false statement is necessary to the finding of probable cause.” Franks, 438 U.S. at 155-56, 98 S.Ct. 2674. In the event a hearing is held, the Defendant must establish, 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. Id. at 156, 98 S.Ct. 2674. The Tenth Circuit has recognized that the Franks analysis applies not only to probable cause determinations but also as to whether “necessity” has been demonstrated in a given case. Ramirez-Encarnacion, 291 F.3d at 1223-24; Green, 175 F.3d at 828. Although the Franks decision did not define “reckless disregard for the truth,” the Tenth Circuit has indicated that “reckless disregard for the truth” occurred when “the affiant in fact entertained serious doubts as to the truth of his allegations.” Bruning v. Pixler, 949 F.2d 352, 357 (10th Cir.1991) (internal citations omitted); accord United States v. Clapp, 46 F.3d 795, 800 (8th Cir.1995) (“Courts, including our own, that have attempted to define reckless disregard for the truth have looked to what the affiant, ‘believed or appropriately accepted’ as true”). In addition, “[rjecklessness may be inferred from the omission of facts which are clearly critical” to the findings of the issuing judge. Bruning, 949 F.2d at 357; see Carrillo, 123 F.Supp.2d at 1252. Finally, if a Defendant establishes by a preponderance of the evidence that the omissions or misstatements were made intentionally or with a reckless disregard for the truth, a reviewing court must engage in a “critical final step” to actually effect the suppression of evidence. United States v. Ozar, 50 F.3d 1440, 1446 (8th Cir.1995) The reviewing court must formally weigh whether the wiretap application, “corrected for any false statements and omissions, is sufficient to show probable cause” or necessity. Id.; accord, Green, 175 F.3d at 828. In this case, I conducted two separate evidentiary hearings, the first lasting four days and the second for one day. Although I did not conclude that the Defendants satisfied the threshold to compel a Franks hearing, the evidentiary hearings in this case provided ample opportunity for the Defendants to address all Franks type issues. Defendants were given the opportunity to cross-examine both Agent Wilcox and CS-1 regarding any purported misstatements or omissions in the wiretap Applications and Affidavits. Defendants argue the Affidavits in support of the Applications contain material false statements and omissions that negate a necessity and probable cause finding. The majority of the alleged omissions and representations involve the Affidavit for the First Wiretap and relate to the following issues: (1) the profits and drug volumes attributed to Defendant Small’s Organization; (2) the ability of police to introduce another informant or undercover officer to Defendant Small, and the use of Club Mixx for an undercover introduction; (3) the actual harm or physical danger to CS-1; (4) the attributes of CS-1 and her cooperation; and (5) certain information obtained during the pre-wiretap investigation. To the extent Defendants also claim the Affidavit for the Second Wiretap and the Affidavits submitted for the three extension Orders contain misrepresentations and omissions, those mistakes relate to: (1) the profits and drug volumes attributed to Defendant Small’s Organization; and (2) the identification of a potential crack cocaine supplier for Defendant Small’s Organization. Defendants assert these omissions and misrepresentations warrant suppression of the evidence derived from all of the wiretaps. The persuasiveness of each of those misrepresentations and omissions is addressed below. A. The Affidavit for the First Wiretap 1. The Alleged Profits and Drug Quantities of the Willie Small Drug Distribution Organization Defendants first contend that Agent Wilcox knowingly misrepresented the extent and value of Defendant Small’s drug operations to Judge Weinshienk. Specifically, Defendants allege that Agent Wilcox intentionally or with a reckless disregard for the truth stated in the First Affidavit that: It is your affiant’s belief that the WILLIE SMALL drug distribution [sic ] is a valid target for a wiretap based in part on SMALL’s conversation with CS-1 on October 30, 2000. During that conversation, SMALL said that he made $18,000 profit per week selling crack cocaine. This amount totals $72,000 per month or $864,000 per year. The figure also represent the distribution of at least five (5) kilograms [sic ] crack cocaine per month or sixty (60) kilograms of crack cocaine per year. Gov’t Ex. IB ¶ 225. Defendants claim that Agent Wilcox inserted the inflated profit and distribution figures in an effort to convince Judge Weinshienk that Defendant Small’s Organization was a multimillion dollar operation. Gov’t Ex. IE, p. 6. Had Agent Wilcox accurately represented the size and scope of the Organization to Judge Weinshienk, Defendants argue, she would not have concluded that the First Wiretap was necessary or that probable cause had been demonstrated. Defendants’ argument is flawed because the evidence presented at the wiretap hearings indicated that Agent Wilcox was, at most, negligent or committed an innocent mistake by including the $18,000 figure in the First Affidavit. Agent Wilcox testified that he derived the $18,000 sum from a conversation recorded during CS-l’s controlled purchase of crack from Defendant Small on October 30, 2000. (Transcript (“Tr.”) of March 11, 2002, at 127, 164). He arrived at the $18,000 figure after listening to the conversation as it occurred, after reviewing a recorded tape of the conversation and after debriefing CS-1 immediately following the controlled purchase. (Id.) In February 2002, after the Defendants filed the motions to suppress presently before the Court, Agent Wilcox reviewed a transcript of the conversation between CS-1 and Defendant Small during that controlled buy and listened to the tape recording made of that conversation. (Id. at 165). As a result of his review of those materials, Agent Wilcox admitted during direct examination at the March 11, 2002, hearing, that he was mistaken in his initial interpretation of the conversation between CS-1 and Defendant Small. (Id. at 119). Agent Wilcox testified that Defendant Small actually stated on the tape, “if I do 18 a week, you know, I’m going to come out with seven grand.” (Id.) Subsequent to the first set of hearings on the wiretaps, Defendants requested a hearing to cross-examine CS-1 regarding Agent Wilcox’s testimony. Although I found Agent Wilcox’s explanation at the first set of hearings credible, I granted the Defendants’ request to cross-examine CS-1 because certain critical information known only to CS-1 was “relevant to the Court’s analysis as to whether the affidavits contained false statements or statements made with reckless disregard for the truth.” See Court’s Order filed May, 10, 2002. However, at the June 12, 2002, hearing where CS-1 testified, defense counsel were unable to elicit testimony from CS-1 that contradicted Agent Wilcox’s explanation or his understanding of the recorded conversation. As stated previously, I find that the Defendants did not make a substantial preliminary showing and, after listening to five days of testimony and carefully considering the Defendants’ arguments, I find that Defendants did not demonstrate by a preponderance of the evidence that Agent Wilcox intentionally misrepresented the Organization’s profits and drug volumes or that he “entertained serious doubts as to the truth of his allegations.” The evidence demonstrates, at most, that Agent Wilcox was negligent or committed an innocent mistake, which is not enough to satisfy Defendants’ burden under Franks, 438 U.S. at 171, 98 S.Ct. 2674. Even assuming that the misstatement concerning profits and drug volumes was knowingly or recklessly made, I do not find that it is in any way material, as Defendants contend, or would have any effect upon a probable cause or necessity finding if removed from the First Affidavit. A statement regarding the size and the scope of Defendant Small’s Organization, whether it is grossly inflated or the unqualified truth, is unrelated to a court’s “necessity” analysis. The “necessity” requirement mandates that the Government demonstrate, and the issuing judge conclude, that normal investigative procedures have been tried and have failed or reasonably appear to be unlikel