Full opinion text
MEMORANDUM DECISION AND ORDER IRVING, District Judge. Defendants’ numerous motions to suppress evidence derived from electronic surveillance came on for hearing November 6 and 7, 1985 before the Honorable J. Lawrence Irving. Counsel appearances are listed in the official court minutes. Given the complexity of the case and the breadth of the issues raised, the court elected to take the motions under submission and set forth in writing the bases for each of its rulings. Having considered the pleadings, oral argument of counsel and material submitted in camera, the court issues the following memorandum decision. BACKGROUND These are a series of motions by various defendants named in a 270-count, 402 page indictment filed March 21, 1985, charging them and others with conspiracy to possess cocaine with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and 846, possession of cocaine with intent to distribute in •violation of 21 U.S.C. § 841(a)(1), aiding and abetting in violation of 18 U.S.C. § 2, conspiracy to collect extensions of credit by extortionate means in violation of 18 U.S.C. §§ 371 and 894, unlawful use of communication facilities in violation of 21 U.S.C. § 843(b), interstate and foreign travel in aid of racketeering in violation of 18 U.S.C. § 1952(a)(2), distribution of cocaine to a person under 21 years of age in violation of 21 U.S.C. §§ 845 and 841(a)(1) and continuing criminal enterprise in violation of 21 U.S.C. § 848. The charges center about an alleged large scale cocaine distribution organization headed by defendants Jose Omar Orozco, Augustin Fernando Maurtua and Jose Antonio Ledgard. The organization allegedly operates in San Diego and Los Angeles counties in California, Ketchum, Idaho and Miami, Florida. The indictment charges 98 defendants with conspiracy to possess cocaine with intent to distribute, and lists 517 overt acts occurring from December, 1983 through March 18, 1985 in support of the charge. Evidence in this case derives from interceptions of defendants’ wire and oral communications. Eleven court orders issued over a one-year period commencing February 21, 1984 authorized the interceptions. Defendants challenge the legality of the orders authorizing the interceptions, the sufficiency of the applications for the orders, and the procedures the government followed once interception had begun. To facilitate quick reference and to avoid confusion, the court will refer to each application and order by letter designation. The following lists the applications and orders challenged by defendants: Application and Order Date Issuing Judge Phone and/or location Intercepted_ A 2/21/84 Enright Phone # (619)481-2673 (subscribed to by E. Kulbusauskas) and residence located at 13750 Ruette Le Parc, Apt. D, Del Mar, CA B 4/10/84 Enright Phone # (619)756-2807 (subscribed to by F. Jackson) and residence located at 804 Val Sereno, Encinitas, CA C 6/6/84 Thompson Phone #s (619)756-2807 and (619)756-2814 (subscribed to by F. Jackson) located at 804 Val Sereno, Encinitas, CA Phone # (619)436-6769 (subscribed to by J. Kerr) located at 641 Melba Rd., Encinitas, CA Phone # (619)481-8537 (subscribed to by B. Barnhill) located at 237 No. Granados Ave., Solana Beach, CA D 7/23/84 Thompson Phone #s (619)756-2807 and (619)756-2814 (subscribed to by F. Jackson) located at 804 Val Sereno, Encinitas, CA Phone # (619)436-6769 (subscribed to by J. Kerr) located at 641 Melba Rd., Encinitas, CA Phone # (619)481-0359 (subscribed to by M. Sullivan) located at 399 Bellaire, Del Mar, CA Phone #s (619)239-2350, (619)239-5842, (619)239-4737 and (619)239-4733 (subscribed to by Conceptual Artists) located at 808 Imperial Ave., San Diego, CA E 9/5/84 Thompson Phone # (619)438-8234 (subscribed to by D. Ledgard) located at 6827 Luciérnaga Ct., Carlsbad, CA Phone # (619)436-6769 (subscribed to by J. Kerr) located at 641 Melba Rd., Encinitas, CA Phone # (619)481-0359 (subscribed to by M. Sullivan) located at 399 Bellaire, Del Mar, CA Phone # (619)753-7941 (subscribed to by T. Pool) located at 1856 Wilstone Ave., Encinitas, CA Phone #s (619)239-2350, (619)239-4733, (619)239-4737, (619)239-5835 and (619)239-6647 (subscribed to by Conceptual Artists) and business located at 808 Imperial Ave., San Diego, CA Application and Order Date Issuing Judge Phone and/or location Intercepted_ F 9/14/84 Thompson Phone # (619)226-1189 (subscribed to by T. Halley) located at 3374 Talbot, San Diego, CA G 10/16/84 Thompson Phone # (619)438-8234 (subscribed to by D. Ledgard) located at 6827 Luciérnaga Ct., Carlsbad, CA Phone # (619)481-0359 (subscribed to by M. Sullivan) located at 399 Bellaire, Del Mar, CA Phone #s (619)239-4733, (619)239-2350, (619)239-4737, (619)239-5835 and (619)239-6647 (subscribed to by Conceptual Artists) and business located at 808 Imperial Ave., San Diego, CA H 11/11/84 Thompson Phone # (619)438-8234 (subscribed to by D. Ledgard) located at 6827 Luciérnaga Ct., Carlsbad, CA Phone # (619)755-2872 (subscribed to by C. Jones) located at 1522 Camino Del Mar, #643, Del Mar, CA I 1/18/85 Ryan Phone # (208)726-7329 (subscribed to by G. Maurtua) located at 315 Sage Rd., Ketehum, Idaho J 2/15/85 Thompson Phone # (619)438-8234 (subscribed to by D. Ledgard) and residence located at 6827 Luciérnaga Ct., Carlsbad, CA Phone # (619)481-5218 (subscribed to by C. Jones) located at 1552 Camino Del Mar, Del Mar, CA Phone # (619)438-3702 (subscribed to by D. Strauss) and residence located at 1935-C Estrella De Mar, Carlsbad, CA K 2/15/85 Eaton Phone # (305)854-8762 (subscribed to by J. Ledgard) located at 2131 Secoffee St., Miami, FL FACTS For purposes of these motions it is not necessary to review the entire factual history of the case. The motions require only a review of the facts as they are set forth in the wiretap applications. These are summarized below: Application A Application A includes the affidavit of FBI Special Agent, Michael P. Smith. Agent Smith’s affidavit sets forth the genesis of the investigation in this case. The affidavit presents information obtained from two informants, Claude Phillips and Fred Robertson, Agent Smith’s own observations as an undercover agent, information derived from a pen register authorized by Judge Thompson on January 5, 1984, and the later involvement of Vicki Robertson in cocaine purchases from James Knight. The investigation began in December of 1983, when Claude Phillips and Fred Robertson first provided information to the Drug Enforcement Administration (hereinafter “DEA”) and Federal Bureau of Investigation (hereinafter “FBI”) about a drug smuggling group operating out of Tijuana, Baja California, Mexico and San Diego, California. On December 5, 1983, Fred Robertson decided to cooperate with the FBI and began providing information to Special Agent Charles B. Walker. Robertson employed James Knight as a computer salesman. Shortly after Knight began his employment in December of 1982, he introduced Robertson to the recreational use of cocaine. Thereafter, Robertson began purchasing cocaine from Knight. After Robertson became Knight’s regular customer, Knight confided that he had been involved in the distribution of drugs for over 10 years and that he was part of an organization centered in Tijuana, Baja California and San Diego, California. Knight told Robertson that he had been arrested once in 1975 when narcotics were found in his car, but that he “beat the case” because his attorney successfully moved for suppression of the evidence recovered in the search. Knight advised Robertson that cocaine use was widespread in the computer industry and that his employment was a perfect cover for his narcotics activity. Based on the foregoing, the FBI checked the records of the San Diego County Sheriff’s Office. These records reflected that Knight was arrested in 1975 for possession of marijuana but that the case was dismissed due to an insufficient search warrant. Robertson also said that in early 1983 Knight took him to Tijuana and introduced him to Jesus Sanchez Rodriguez, aka “Jessie”. Jessie operated out of an office in downtown Tijuana which fronted a shrimp exportation business. Knight told Robertson that Jessie was one of the principals in his drug smuggling organization. After the introductory visit with Jessie, Robertson began purchasing cocaine directly from him. Jessie provided him with a phone number in Tijuana which he could call to set up cocaine transactions. When Robertson phoned in an order to Jessie, Ricardo Beas would deliver it across the border in Chula Vista, where Robertson would be waiting. Over a six month period in 1983, Robertson purchased about $13,000 worth of cocaine from Jessie. Robertson also attended several meetings at Jessie’s office in Tijuana in which Knight and Jessie attempted to get Robertson to participate in the distribution of cocaine. Jessie told Robertson that he received cocaine directly from Peru via airplanes which landed in Mexico. Jessie said that his drug activities in Mexico were protected because he bribed Mexican government officials. Jessie also introduced Robertson to a person referred to as John Alessio, Jr. Knight told Robertson that Alessio, Jr. was the son of the former owner of the Caliente racetrack. Robertson’s impression was that Alessio Jr. controlled Jessie. Robertson was also introduced to Alesandro Rodriguez, also referred to as “Allie”. Robertson learned that Jessie rarely came into the United States because he believed that United States authorities were aware of his drug smuggling activities. Knight introduced Robertson to Ed Kulbusauskas, describing him as being involved with Jessie in moving multi-kilos of cocaine every week. Knight told Robertson that when he locates a moneyed individual who is interested in purchasing cocaine, he serves as the middle man between Kulbusauskas and the purchaser. Knight also told Robertson that Kulbusauskas is very cautious and will only deal with him or another trusted member of the organization with whom he has dealt over the years. Knight explained that once he located a purchaser, he would call Kulbusauskas, who then arranged to have a kilo delivered to his home. Knight then took money to Kulbusauskas’ residence and picked up the cocaine for transportation to the customer. ,) Knight also told Robertson that Kulbusauskas uses several safehouses in which he stores up to 30 kilos of cocaine at any one time, warning Robertson that the main supply is never kept at Kulbusauskas’ residence. Robertson advised Agent Walker that he has not seen either Jessie or Alessio, Jr. since July, 1983, but that Knight continually contacts him to do drug deals. Even though Knight no longer works for Robertson, he used Robertson’s business phone throughout 1983 to place calls to Kulbusauskas and to Jessie. During those phone calls Robertson would often hear references to “brown shrimp” and “white shrimp,” code words for Mexican heroin and cocaine, respectively. Following his confession to the FBI, Robertson agreed to cooperate with the FBI and to introduce an undercover agent to Knight. Thus when Knight approached him to do a drug transaction on December 6, 1983, Robertson said that he knew someone in San Diego who had “lots of money” and who would be interested in buying a pound of cocaine. On December 6, 1983, Knight also told Robertson that Allie had Mexican brown heroin available for sale. Knight agreed to meet with Robertson and his “friend” on December 7, 1983. Robertson agreed to consensually record his telephone conversations and his face to face conversations with Knight, wearing a body-recorder to do the latter. Later on December 7, 1983, Robertson spoke with Knight and told him that his friend was having trouble raising the money and that they would not be ready until the following day. During that conversation, Knight stated that Kulbusauskas was “sitting on a large supply” of cocaine and was holding a pound for Knight. “Brown shrimp” and “white shrimp” were also discussed. On December 8, 1983, Agent Smith, acting as Robertson’s cocaine-purchasing “friend,” spoke on the telephone with Robertson and Knight. Agent Smith recharacterized his inability to deal with Knight on the preceding day as the product of negotiations between him and another party for a more favorable deal. Agent Smith told Knight that he was ready to move some “brown stuff.” Knight advised Smith that “brown stuff” was not currently available because of the murder of someone in Mexico. They then discussed “white stuff,” including profit margins, quantity and quality. One half hour later, they had another telephone conversation and Agent Smith requested samples from Knight. During that phone conversation, Knight made reference to “oscars;” Agent Smith took that phrase to mean ounce quantities of cocaine. They then discussed the specifics of the transaction, and it was agreed that Robertson would act as Agent Smith’s representative. Later that day, drug-related conversations occurred between Robertson and Knight, and Knight and Allie (via telephone), which were consensually recorded by Robertson. Also on December 8, Robertson and Knight drove to Kulbusauskas’ residence for a meeting. For safety reasons, Robertson did not wear a badge recorder. At the meeting, Kulbusauskas told them that he had received 30 kilos of cocaine two weeks earlier and that he still had some left to supply to customers. Kulbusauskas showed Robertson one kilo that he described as being “Grade B” quality, and quoted a price of $25,000. Kulbusauskas said that he did not want a new customer to get more than one pound on the first deal. Kulbusauskas also told them that when Knight had the $25,000 in his hand he should call him and they would follow the distribution arrangement they had developed. Knight and Robertson then traveled to Allie’s residence in Solana Beach, where they discussed the interruption in the Mexican heroin supply. On December 9, 1983, Robertson spoke with Knight and told him that Smith was ready to deal and a meeting place was established in Carlsbad for 1:00 p.m. that day. That morning, Agent Smith rented a room at Andersen’s Pea Soup Hotel and concealed a tape recorder in the room. He also brought with him $132,000 in “show money” to use in negotiations. At 1:15 p.m. Smith, Knight and Robertson met in Smith’s room at the hotel. At the beginning of their meeting, Knight said that “his people” were cautious and he wondered aloud whether Smith was an FBI or DEA agent. Agent Smith denied being an agent and parried with an inquiry as to whether Knight was an agent. Smith then agreed that he would buy 3 kilos of cocaine the following Monday and he agreed to buy an ounce at that time. The group then discussed the quality of the ounce. Knight agreed to retrieve an ounce for Smith. During the meeting, they also discussed Kulbusauskas’ connections, Allie and Jessie’s backgrounds, and the possibility of Smith’s future investment in loads of cocaine flown in from Peru. Agent Smith then gave Knight $1,700 for the ounce, which Knight said would cost $1,650. Knight said it would take him an hour to get the ounce since he would have to call Kulbusauskas who would then send someone out to get the cocaine. Knight and Robertson left the hotel and were followed by FBI Special Agent Jim Batley. Agent Batley observed Knight making a phone call from a pay phone. At 3:05 p.m., Knight returned to Smith’s room and told him that because he had been late in phoning Ed, the deal could not be consummated that day. On December 10, 1983, Knight and Agent Smith met at the Ocean Terrace Bar of the Del Coronado Hotel. They then went to Smith’s undercover vehicle where he was given an ounce of cocaine. They agreed to meet again on December 12 to complete a deal for a pound of cocaine. On December 12, Robertson called Knight to postpone that meeting to December 13. On December 13, Agent Smith met Knight at Denny’s Restaurant in Del Mar. At this meeting, Knight informed Smith that Kulbusauskas was working on another deal and that they would have to wait to consummate their deal. They then went to the Triton Restaurant and waited for two more hours. While at the Triton, Knight noticed two unknown males at a nearby table and told Smith that he thought they were cops. After Knight called Kulbusauskas and got the go-ahead, they left the restaurant and Knight noted that the two unknown men also left. He warned Smith to proceed with caution. They took separate cars and after a short while, Knight pulled over, got into Smith’s car and told him that he was certain that they were being followed by at least three cars. Knight again inquired if Smith was a cop. Smith suggested that they postpone the deal and Knight agreed that there was too much “heat” that day. Later, Knight went to Robertson’s house and described the day’s events, and told Robertson that he suspected Smith was a cop. Knight told Robertson that after he was certain he had lost the surveillance, he proceeded to Kulbusauskas’ house and relayed the events to Kulbusauskas. Kulbusauskas opined that the surveillance was a DEA operation. He told Knight that he had the ability to verify license plate and telephone numbers and requested Knight to provide him with Smith’s. Knight told Robertson that he was worried because his and Kulbusauskas’ fingerprints might be on the bag that contained the ounce sold to Smith. On December 14, 1983, Agent Smith and Knight had a consensually recorded telephone conversation. Knight told Smith that he appeared too cool when they were being followed. Smith countered that he was “cool” because he hadn’t done anything wrong yet. On December 20, 1983, Robertson received a call from Jessie who was trying to locate Knight. Jessie told Robertson that he was calling from San Francisco and he left a number where Knight could reach him. Robertson reported his compliance with Jessie’s request to Agent Smith. On December 16, 1983, Claude Phillips provided the following information to FBI Special Agents Charles Walker and Ellen K. Rollings. Phillips told them that he was contacted on November 7, 1983 by Greg Scott Jacomella concerning his possible participation in a proposed cocaine deal. Phillips had known Jacomella for over 10 years and knew that Jacomella was a multipound cocaine dealer residing in San Diego. Jacomella told Phillips that “Jessie,” residing in Mexico, had a major distribution organization in the San Diego area for cocaine, heroin and marijuana. Jacomella related that Jessie uses a shrimp business in Mexico as a front for his cocaine dealings. At the instruction of the DEA, Phillips arranged to travel to Mexico with Jacomella to purchase 3 kilos of cocaine. On November 17, 1983, Phillips and Jacomella met with Jessie in Mexico. The parties consummated a deal and arrangements were made for Ricardo (later discovered to be Ricardo Beas) and Jacomella to transport the three kilos of cocaine to Ukiah, California, where Phillips would have to pay cash for the delivery. The FBI and DEA subsequently arrested Jacomella and Beas in Ukiah and seized the three kilos. On December 20, 1983, Special Agent Bud Watkins interviewed Jacomella and Beas to determine whether they would be willing to cooperate. Jacomella told Watkins that he would under no circumstances cooperate because he feared for his life and the lives of his family members residing in San Diego. Beas also refused to cooperate out of fear for his life. Agent Smith’s affidavit also discusses evidence corroborating the events related below. Smith describes FBI verification of relevant phone numbers, as well as information regarding the extent of Kulbusauskas’ trafficking provided to the FBI by a confidential informant in 1979. Agent Smith’s affidavit also notes that Edward Kulbusauskas’ fingerprint was positively identified on the envelope containing the ounce transferred to him on December 13 from James Knight. On January 5, 1984, Judge Gordon Thompson ordered the installation of a pen register at Kulbusauskas’ Ruette Le Parc home. Agent Smith’s affidavit reviews the pen register information and notes that fifteen calls were made to the home of Greg Frazier. Smith’s affidavit calls attention to the fact that some of the previously discussed phone calls involving Knight were corroborated by the pen register information. Agent Smith also reviews Knight’s telephone toll records and notes that nineteen calls to Kulbusauskas’ residence were made on Knight’s telephone. On February 3, 1984, Fred and Vicki Robertson told Agent Smith that Knight had proposed a cocaine transaction to them on the previous day. They were instructed to go along with the cocaine transaction; they agreed with Knight that on February 4, Vicki would follow Knight to the vicinity of Kulbusauskas’ home. Knight would then pick up the cocaine and give it to Vicki, who would return to her residence. Fred Robertson also told Agent Smith that earlier on the morning of February 3, Knight had called and requested his assistance in finding a landing strip for a load of marijuana and cocaine that was to be flown into the United States. On February 3, Agent Smith gave Vicki Robertson $550 to use to purchase cocaine from Knight. On February 4, 1984, FBI agents surveyed the above-described transaction involving Vicki Robertson and Knight. They positively identified Knight. The agents monitored Vicki Robertson’s car, but felt that surveillance of Kulbusauskas’ residence might be detected. Once Vicki received the cocaine from Knight, she turned it over to FBI agents. Agent Smith’s affidavit offers many reasons why normal investigative procedures will not work in this case and why electronic surveillance is necessary. First, Smith notes that with only the information existing to date,- the FBI does not have a prosecutable case against any of the targets. Smith iterates the fact that Jacomella and Beas will not cooperate with authorities. He asserts that even if they would cooperate, Jessie and Alessio, Jr.’s location in Mexico would make it difficult to prosecute them. In order to apprehend them, prior information regarding their anticipated entry into the United States is required, and that information could be obtained through electronic surveillance. Agent Smith opines that there is no direct evidence against Jessie, Allie, or John Alessio, Jr. In order to obtain direct evidence against the hierarchy of the conspiracy, Smith hypothesizes that the government would have to spend thousands of dollars, which it is not in the position to do, through Fred Robertson for the purchase of narcotics. With respect to the investigation of Kulbusauskas’ trafficking activities, Agent Smith asserts that Knight and Kulbusauskas have become increasingly suspicious of him in his capacity as an undercover agent. Agent Smith highlights the fact that Kulbusauskas told Knight that he has the capacity to check out and confirm if someone is a cop. Furthermore, Agent Smith contends that conventional surveillance nearly compromised the investigation and endangered his life. Knight’s refusal to let him deal directly with Kulbusauskas is another reason why Agent Smith believes electronic surveillance is necessary. Agent Smith discusses, at length, the inefficacy of other investigative means. He states that pen register and toll record information will not actually identify individuals making and receiving telephonic communications. Agent Smith asserts that search warrants would not recover sufficient evidence to prosecute; Smith presupposes that Kulbusauskas, Knight, Jessie and Allie would not maintain sufficient records showing the extent or identification of all the individuals involved in the conspiracy. Agent Smith notes that without concomitant recorded conversations of the conspirators, large amounts of currency, if seized, would prove worthless in securing a prosecution. Phillips and Robertson remain unaware of the full extent and scope of Knight’s, Kulbusaukas’, Jessie’s and Aide’s illegal drug activities. Agent Smith notes that interviews of targets or others and issuance of grand jury subpoenas would compromise the investigation and possibly cause destruction of evidence. Agent Smith also suggests that because Knight is not aware of the location, the only way to learn the location of Kulbusauskas’ stash house is through electronic surveillance. Agent Smith describes the procedure Kulbusauskas insists upon to place orders. On receipt of an order Kulbusauskas makes phone calls to other trusted persons who go to the stash house to pick up the drugs. In Smith’s opinion, interception of oral communications, via microphone surveillance, is also necessary. He believes it is likely that Kulbusauskas arranges meetings other than by phone. Microphone interception would clarify and supplement the meaning of wire interceptions, which may be in code. Prior informant information also demonstrates that Kulbusauskas uses his residence for meetings in which cocaine and money are discussed and exchanged. Finally, Agent Smith relies on the frequency of the targets’ cocaine transactions to justify his request for electronic surveillance. He notes that the sophistication and international scope of the conspiracy demonstrate that its members are career criminals. Agent Smith also relies on Knight’s representation that Kulbusauskas moves large amounts of cocaine, and estimates that Kulbusauskas must use several other individuals for the sale and distribution of his product. Agent Smith notes that physical surveillance limits investigators to observation of people entering Kulbusauskas’ home and may not identify other members of Kulbusauskas distribution hierarchy. Application B In support of Application B, the government submits the affidavit of Agent Michael P. Smith, the affiant from Application A. Affidavit B begins with a summary of communications intercepted pursuant to Order A. Agent Smith’s affidavit details drug-related conversations between Ed Kulbusauskas and Frank Jackson, between Ed Kulbusauskas and Jim Knight, and between Ed Kulbusauskas and Bernard Thompson. The following is a chronological summary of the calls reported in Smith’s affidavit. On February 24, 1984, at 2:57 p.m. Ed Kulbusauskas called Frank Jackson and asked him if anything was “happening.” Jackson responded that something was happening and Kulbusauskas said that he would stop by and see Jackson a little later. Agent Smith characterizes this conversation as one in which Kulbusauskas was arranging a meeting at Jackson’s residence for the purpose of discussing and engaging in the sale of cocaine. Later that afternoon, Kulbusauskas received a call from an unknown male who asked if Kulbusauskas was still waiting. Kulbusauskas answered that he was just about to go and take care of “it” and would be ready in an hour or two. The unknown male said he would call back later. Smith characterizes this conversation as an inquiry as to whether Kulbusauskas had received his supply of cocaine. At 5:50 p.m. that afternoon, Kulbusauskas received a call from Bernard Thompson, who asked him if he “had anything in and if it was real nice.” Kulbusauskas answered that it was nice, and Thompson inquired if there was a “didge” on it. Kulbusauskas responded affirmatively and Thompson then asked him if the “didge” was a nice one. Thompson also told Kulbusauskas that he had some friends who wanted “some small things” and asked if Kulbusauskas had the time for Thompson to grab “a small piece.” Agent Smith characterizes these as drug related comments. On February 25, 1984, FBI agents surveilled a drug transaction and calls involving that transaction were intercepted. At 11:33 a.m. Knight called Kulbusauskas and told him that he could get to his house in about an hour or an hour and fifteen minutes. At 12:05 p.m. FBI Special Agent Robert R. Leight observed a meeting between Vicki Robertson and James Knight in the parking lot at Del Monico’s Restaurant. Vicki Robertson later related the conversation between her and Knight to Agent Leight. Knight told her that in order to receive $1,000 worth of cocaine, she would have to get $1,100 from her friend. Knight told her that he wanted to make $100 on the deal. If he was given only $1,000, he said he would cut one gram of cocaine from what he received. Knight also informed her that she would have to wait in her car while he went in and got the cocaine from his source. Vicki Robertson then went to undercover Agent Leight, who gave her ten $100 dollar bills. She presumably gave this money to Jim Knight. At 12:46 p.m. that afternoon, Knight called Kulbusauskas and told him that he was across the street and that he would be “right over.” At 1:55 p.m. Vicki Robertson and Knight returned from Kulbusauskas’ residence to Del Monico’s Restaurant. Knight remained in the car while Robertson went inside the restaurant to deliver to Agent Leight the plastic bag containing the cocaine which Knight had gotten from Kulbusauskas. Robertson then described to Leight the events which occurred at Kulbusauskas’ residence. Robertson said that Knight instructed her to remain in the car while he went inside the residence to get the cocaine. One half hour later, Knight returned to Robertson’s car with the cocaine and they immediately drove back to Del Monico’s Restaurant. While driving back, Knight told Robertson that the cocaine was 98% pure and that he could sell a pound of it for $29,000; he would net a profit of $6,000 since he could purchase it for $23,000. At 7:32 p.m. Knight called Kulbusauskas and told him that “it went real good.” At 9:12 p.m. Kulbusauskas called Frank Jackson and told Jackson that he had “nine” for him. Jackson told Kulbusauskas that he would pick it up the following day. Agent Smith characterizes this last interchange as an indication by Kulbusauskas that he had $900 for Jackson, which represents the amount Kulbusauskas owed Jackson for the cocaine provided to Knight earlier that day. On February 28, 1984, at 1:52 p.m. Frank Jackson called Kulbusauskas. Kulbusauskas told Jackson that he had some “dose” for him. Jackson told Kulbusauskas to “come over to his place” before 4:00 p.m. At 3:07 p.m. Kulbusauskas called Jackson and told him that he was “going to come over.” Jackson told him that he would have to wait, explaining that he didn’t think he was going to leave that day because he had too much work to do. Jackson asked Kulbusauskas if he was going “to need anything” the next day, to which Kulbusauskas responded that he would need “it” Thursday. Agent Smith surmises Kulbusauskas’ reference to “needing something Thursday” results from the proposed sale of one pound of cocaine between Jim Knight and Agent Leight. On March 1, 1984, at 8:15 p.m. Jackson called Kulbusauskas and told him that “it would be tomorrow.” Agent Smith interpreted this conversation to mean that Jackson would not be ready to do the pound deal until the following day. On March 2, 1984, at 5:09 p.m. Frank Jackson called Kulbusauskas and stated that he would be “right over.” On March 3, 1984, Frank Jackson called Kulbusauskas and told him that he needed to “pick up that thing.” Jackson inquired whether Kulbusauskas wanted to know how much he owed Jackson. Kulbusauskas said that he did and Jackson said he would check the figure. After giving a figure to him, Jackson told Kulbusauskas that he could come over if he “needed anything.” Kulbusauskas said that he would come over. Later that evening, Kulbusauskas received a call from Jim Knight in which they discussed the timing for the anticipated sale of one pound of cocaine. On March 6, 1984, at 12:17 p.m., Bernard Thompson called Kulbusauskas. Kulbusauskas asked Thompson where the computer was. Thompson responded that he was picking it up then because he was unable to do so the previous day. Thompson assured Kulbusauskas that he would get the computer to him around 4:00 or 5:00 p.m. Two minutes later, Kulbusauskas called Jackson and told him that he had just spoken with the computer guy who would be at Kulbusauskas’ residence between 5:00 and 6:00 p.m. On March 15, 1984, a second transaction involving Vicki Robertson and Agent Leight occurred. At 9:40 that morning, Kulbusauskas received a call from Jackson and told Jackson that the “big thing” was supposed to happen that day. At 11:00 a.m. Vicki Robertson arrived at Del Monico’s Restaurant where she met Agent Leight. Leight gave Robertson $27,000 to be used for the purchase of cocaine from Knight. At 11:24 a.m., Knight called Kulbusauskas and told him that he had the “papers” and would be there in one half hour. At 11:48 a.m. Jackson called Kulbusauskas. Kulbusauskas reported that everything was in order. Jackson asked “when?”; Kulbusauskas said “right now” and mentioned the number “448.” Jackson asked if that was what they wanted and Kulbusauskas responded that it was. Jackson asked if “they” were there and if Kulbusauskas had “the cash.” Jackson told Kulbusauskas that he could come to see him but that he would first have to get “it.” Jackson told Kulbusauskas that he would call him back to give him an address as to where they would meet. Two minutes later, Jackson called Kulbusauskas and told him to meet at his old house in one half hour. Kulbusauskas inquired what the “ticket” was. Jackson told him that he could have them for “47” and then reduced this price to “46.” Agent Smith opined that both these conversations established the amount of cocaine involved and the price per gram of cocaine. Agents surveilled the transaction and observed that at 12:04 p.m. Knight left Kulbusauskas’ apartment. He then entered his vehicle in which Vicki Robertson was waiting, and proceeded to a shopping center a short distance away. Fifteen minutes later, Kulbusauskas entered his automobile and left his apartment complex. At 12:29 p.m. Kulbusauskas entered Frank Jackson’s former residence at 261 26th Street in Del Mar, California. Two minutes later, Kulbusauskas alone, left Jackson’s residence. Six minutes later, Kulbusauskas arrived at the shopping center and entered Knight’s automobile briefly. Kulbusauskas then exited the car and both he, Knight and Robertson left the shopping center. At 1:06 p.m., agents again observed Kulbusauskas entering Jackson’s former residence at 26th Street. Eight minutes later, Kulbusauskas and Jackson left. Forty five minutes later, Vicki Robertson arrived at Del Monico’s Restaurant and gave Agent Leight one pound of cocaine, which subsequent laboratory analysis revealed to be 93% pure. At 2:19 p.m. Knight called Kulbusauskas and told him that the deal went well. Knight also said that his customers were talking about doing another deal the following week. Through the intercepted conversations, the FBI learned that Frank Jackson moved to a new residence. On March 16, 1984, Kulbusauskas called Jackson and told him that he had some things for him and would bring them to Jackson the following day. On March 17, Kulbusauskas called Jackson and inquired to see if he was going to be home because he wanted to drop something off and pick something up. Jackson said Kulbusauskas could “come by” in an hour and that he had just gotten something new. At approximately 8:32 p.m., FBI Agents Robert W. Addeo and William A. Perez observed Kulbusauskas entering Frank Jackson’s new residence at 804 Val Sereno Drive, Encinitas, California. Kulbusauskas left approximately one half hour later. On March 19, 1984, Jim Knight called Kulbusauskas and discussed a potential deal for “tennis” for later in the week. The following day, at approximately 4:04 p.m., Kulbusauskas called Jackson and told him that his “big friend” had called and wanted to do something at the end of the week. Agent Smith’s affidavit further noted that the FBI identified a latent fingerprint found on the envelope handed to Vicki Robertson on March 15 from James Knight, as belonging to Frank Jackson. Agent Smith offers the following reasons in support of his conclusion that interception of wire and oral communications is necessary and that other investigative means will not be effective. With respect to the need to intercept oral communications in Jackson’s home, i.e. the need to place a microphone or “bug” within the home, Smith notes that the interceptions authorized by Order A demonstrate that Jackson uses his residence to conduct meetings during which cocaine and money are exchanged and discussed. Smith submits that physical surveillance of Jackson’s residence would not provide details of the meetings held there. Furthermore, he surmises that it is likely that Jackson arranges meetings by means other than the telephone. Finally, interception of oral communications is necessary to clarify the meaning of wire interceptions, which may be in code. Smith believes that the parties will speak more freely, and not in code, when they are not on the telephone. With respect to the need for interception of wire communications, Smith notes that other investigative techniques would be insufficient to make prosecutable cases against Jackson’s co-conspirators. Smith opines that further infiltration of an undercover agent seems unlikely. Knight is reluctant to meet Agent Leight, acting undercover, and there is no reasonable basis to believe that Knight would be willing to introduce Agent Leight to Kulbusauskas or to Jackson. Furthermore, there is no indication that Knight personally knows Jackson. Smith surmises that Kulbusauskas has access to multi-kilo quantities of cocaine and that therefore, Jackson must utilize at least several other individuals in the sale and distribution of multi-kilo quantities of cocaine since he is Kulbusauskas’ source. Even if physical surveillance is highly successful, it rarely leads to conclusive evidence. Smith advises that physical surveillance at Jackson’s residence is particularly difficult because there is very little vehicular traffic in Jackson’s neighborhood and because there are no suitable observation points from which the FBI can conduct undetected surveillance. Smith also remarks on the inefficacy of search warrants and interviews with suspects and grand jury subpoenas. He notes that interviews or subpoenas would definitely alert the persons under investigation and compromise the investigation. Similarly, Smith notes that execution of a search warrant would jeopardize the entire investigation. A search would not be likely to yield evidence enlightening the FBI as to the full scope of the criminal activities and the methods used by Jackson and Kulbusauskas because they do not maintain sufficient records. Application C Application C, requesting interception of wire communications from two telephone lines subscribed to by Frank Jackson, a phone subscribed to by John S. Kerr and a phone subscribed to by Barney Barnhill, includes an affidavit authored by FBI Special Agent Robert Leight. Agent Leight’s affidavit focuses primarily on information derived from phone calls intercepted pursuant to Order B. Because of the extensive number of calls described in the affidavit, only those calls relevant to probable cause and necessity findings will be discussed in this summary. On April 11, 1984, at 11:42 a.m. John Kerr called Jackson and asked if Jackson had heard anything from “his people.” Jackson told Kerr that he had not and Kerr suggested that Jackson call these people because Kerr had a very good looking “product.” Jackson ensured that he would get in touch with his people. On April 11,1984, at approximately 12:47 p.m. Jackson received a call from an individual known as John, last name unknown (hereinafter “LNU”). John told Jackson that he was with Bob Shine and “Red Dog” the previous evening. John said that Nino had not yet called him back. Jackson suggested that John should “get ahold of Nino because there’s something real, real pretty available.” Jackson stated that he was waiting for some more cash and told John that he did not know what the price on this is, but that it would be around “45” and that it’s the best he has ever seen. Later that day, Kulbusauskas called Jackson and asked what the price on “a thousand” would be. Jackson said that something new is happening and it’s “the prettiest he has seen for awhile,” but Jackson has to wait because something else is happening. Jackson said that he could not do “a thousand,” but that he could do “500” at a time. Kulbusauskas then told Jackson that that’s what they wanted — “500” at a time. Jackson also told Kulbusauskas that he “still has the stuff that they have right now and he can still get that” and that it would “probably be about 38, no 39.” Jackson said that “39 is as low as they could go and that was only giving them two cents a piece.” Jackson stated that “he was not going to do it unless he can make two grand on that.” Also on that day, within twenty minutes of each other, Jackson received two phone calls, one from John (LNU) and one from John Kerr. Both conversations in coded language referred to doing narcotics transactions the following day. On April 12, 1984, eight conversations between Frank Jackson and others, were included in Agent Leight’s affidavit. Jackson spoke three times with John (LNU). The last of these conversations included a statement by Jackson to John that “it’s done.” John said in response he would “come right over for a little bit.” At 1:36 p.m. that day, John Kerr called Jackson and told him to bring “what he has and come on over.” In Agent Leight’s opinion, Kerr’s statement to Jackson was an instruction to bring him $10,000 owed for cocaine. At 4:41 p.m. Kerr called Jackson and asked him how everything went. Jackson responded positively. Kerr then asked Jackson if Sandra was at home. Jackson replied to Kerr that he didn’t know because he hadn’t called her yet. Kerr instructed Jackson to call Sandra to see if she was still at home. They agreed to meet later that evening at 10:00 p.m., and Jackson told Kerr that he needed to do another “500.” At 5:08 p.m., Jackson called Kerr’s phone number and spoke with Sandra Zeck. Jackson wanted to come and see her. Zeck responded that she would be leaving for work in 20 minutes. Jackson agreed to come within that time. At 10:04 p.m., Kerr called Jackson. They arranged a narcotics transaction for the next day which would involve “at least 280.” Kerr told Jackson that he needed to see Jackson that evening on the “other thing” which they had done that day. Jackson told Kerr that he had already taken care of it and that he had given it to Kerr’s “old lady,” Sandra. Jackson told Kerr that he had written it all down, put it in one of Jackson’s envelopes, dropped it all by to Sandra, and subtracted the 49 and gave her 13,600. One minute later, Jackson called Kulbusauskas, who advised Jackson that he had a conference that day with a friend concerning “the big one.” During the conversation, Jackson told Kulbusauskas that something new was happening and it looked good. When Kulbusauskas had a need for “one of those tomorrow in the afternoon,” Jackson asked if Kulbusauskas wanted the “new.” Kulbusauskas responded that either one would do. Agent Leight’s affidavit describes six calls on April 13, 1984. In one conversation at 4:07 p.m., an unknown male called Jackson and told him that he was waiting for a call concerning something “real nice and\new.” The unknown male said that was great because he could use something. Jackson told the man that he would have it in an hour or two. At 4:50 p.m. Kulbusauskas called Jackson to advise that he was on his way back from the airport and to check to see if everything went well. Jackson said that everything had gone well and that he was waiting right now. At 5:28 p.m. John Kerr called Frank Jackson. Jackson wanted to know if Kerr was going to come over to his house. Kerr told Jackson that Mike called and that Kerr had to see Mike first. Kerr stated that the reason he was calling was to let Jackson know that “Mike was the hangup.” At 7:02 p.m. Kulbusauskas called Jackson and told him that he was ready and was going to Jackson’s house. Jackson asked if Kulbusauskas had cash. Kulbusauskas said that he did and that he would be right over. Agent Leight related five conversations from April 17, 1984. In one conversation at 12:02 p.m., Kerr and Jackson made arrangements to do “500” or “a thousand.” Kerr stated at that time that his mother was visiting with him and that he was going to be busy with her for a while. At 3:16 p.m., Jackson called a phone number that a later FBI investigation disclosed as registered to an R. Lee in Carlsbad, California. Jackson told this person (who he referred to as Bob) that he wanted him to “pay for some stuff” that he had previously received. Bob asked Jackson if there was “any new material around” and Jackson told him that there was “something real nice” but that Bob had to first clear up the previous deal. Bob told Jackson “it was moving real slow” so that he still had some left. Jackson then told Bob that he would not do anything further until Bob cleaned up the past deal because he was getting “too strung out.” Jackson also conversed twice with Kulbusauskas. Kulbusauskas told Jackson that he had received a cashier’s check from one of his customers and that he had to run it through his bank. Jackson said that Kulbusauskas would be “giving him 15” and Kulbusaukas said that Jackson would get “the 15” tomorrow. At 7:49 p.m., an unknown male called Jackson to report his suspicions that he had been followed that day. The unknown male stated that he wanted to meet Jackson and that he “had 7” for him. They agreed to meet at Noodles Restaurant. Jackson asked the man if he wanted him to take him to his house. The unknown man stated that he was too afraid to go to his car or to his house right now. Jackson assured the unknown male that he may be overreacting and that “the heat” doesn’t always act that way. They agreed to meet at 9:30 p.m. that evening. Agent Leight’s affidavit describes eight conversations on April- 18, 1984. Two of those conversations involve Jackson and a man referred to as Nino (LNU). At 10:40 a.m. Nino called Jackson and stated that he needed “8” today and that he would need more on Saturday. Jackson told Nino to call back a little later. When Nino called back at 1:11 p.m., Jackson told him that it was now available. They agreed to meet at Jackson’s residence between 4:00 and 5:00 p.m. Jackson and Kerr also had a few conversations in which they attempted to set up an exchange of “500.” Kerr told Jackson that he would leave “it” with Sandra at Kerr’s house. Kerr also told Jackson that Sandra would be leaving the house at 4:00 p.m. to go to work. A short while later, Kerr told Jackson that Sandra would deliver “it” to Jackson at his home. At 6:02 p.m. that day, Jackson called a telephone number subscribed to by Barney Barnhill and left a message on the answering machine for Rick to call Jackson because Jackson needed to talk to him. Also on that day, Kulbusauskas called Jackson. Jackson told Kulbusauskas that he had gotten some stuff that day, but because he didn’t like it, he was going to send it back. Kulbusauskas told Jackson that he still had the guy’s cashier’s check. In response Jackson told Kulbusauskas that he didn’t need any cash until tomorrow. On April 19, 1984 at 10:48 p.m., Jackson told Kerr that with respect to the “500” which Jackson had received from him on the previous day, his people “didn’t like it, it was too shake.” Jackson also stated that it didn’t look the same and it didn’t smell the same. Kerr told Jackson that “stuff like the previous load” would not be available until May. Kerr also assured that “there would be no problem,” and that Jackson could bring it back if he was dissatisfied. Agent Leight supplements this conversation, stating that it has been his experience that “shake” is a reference to cocaine that appears in powder rather than in rock form. At 10:57 a.m. on April 19, someone identified only as Neil called Jackson. Jackson told Neil that he had just spoken with the guy and that the stuff was definitely not the same as before. Neil agreed. Jackson then said that one of his guys went on a scouting trip and came up with another supplier who has a product which is “very pretty” and “kind.” The new stuff was “46,” which was “a tad expensive,” but it was looking like “a very nice product.” Neil told Jackson to “go ahead and grab some.” At 12:30 p.m. Jackson called Rick, believed to be Dudley Richards Whitney, and told him that Jackson had $8,000 and that he would have the rest of the money that evening. Jackson told Rick that he would “be right over.” At 4:08 p.m. Neil called Jackson. Jackson told Neil to come right over to his house and that he would “love this, it’s worth every nickel.” Agent Leight describes a number of conversations intercepted on April 21, 1984. In a conversation between Jackson and Bob Anderson, Jackson told Bob that if David got there by 6:00 o’clock, he or Rodney Jackson (Frank Jackson’s son) would come over and get the money because Jackson really needed it. At 4:42 p.m. when Jackson called John, John told him that he and Nino would be coming over to Jackson’s house around 6:00 p.m. At 5:23 p.m. Jackson called Rick. Rick said that he was waiting and Jackson told Rick that “his guys were coming over at 6:00 p.m.” Rick said that he would get in touch with Jackson as soon as he talked to “his guy.” Sixteen minutes later Jackson called Rick to tell him to come to Jackson’s house. Rick said he could not because he and Becky had a dinner date at 6:00 p.m. Rick told Jackson that once Rick grabs “it,” Jackson could meet Rick and Becky wherever they were and pick “it” up. Jackson stated that he was worried about missing them but Rick assured him that he would call when he gets “it.” On April 22, 1984, at 9:50 p.m. John Kerr called Frank Jackson. They discussed a meeting which Jackson was to have the following morning with “those guys.” Jackson told Kerr that his “other people” had something “real pretty” and Jackson was “going to do that.” Jackson also said that he was interested in seeing what Kerr had. Kerr told Jackson that his stuff was “38” and it was the same stuff they had around Christmas. Jackson said that the stuff they “got around Christmas was very nice” and asked if Kerr’s product “was chunky.” At 9:41 a.m. on April 23, 1984, Jackson received a call from an unknown male. They set up a sale of one kilo of cocaine for $44,000 in code language. Later that day two FBI agents observed two unknown white males arriving at Jackson’s residence at 804 Val Sereno. The two individuals were driving a 1961 silver over black Corvette. About 10 minutes later the agents observed the two men leaving the residence carrying a beach bag. On April 25, 1984, Jackson received a number of calls from John (LNU). In the last conversation between them, John asked if Frank Jackson was “ready to go yet.” John told Jackson that he was waiting for “one more guy to call” and that as soon as he did, he would call Frank Jackson and be ready to go. Jackson then told John that he had “to put his guy off three different times that day.” On April 27,1984 at 8:04 p.m. Kulbusauskas called Jackson to ask if Jackson was “working this evening.” Jackson told Kulbusauskas that he needed “money to resupply” and that he wouldn’t have it until tomorrow. Jackson also told him that since Rodney’s mother was staying at Jackson’s residence until Monday, Jackson had to be careful and could not be working around her. On April 29,1984, at approximately 12:02 p.m. John called Jackson and said he was phoning from Hawaii. John told him that “Red Dog was going to be needing 6 or 7 tomorrow.” Jackson told John that Red Dog had already called and ordered 9. John requested that Frank Jackson give Red Dog the same quality stuff that Jackson had given John. Sixteen minutes later, Jackson received a call from Red Dog. They discussed how much Red Dog’s man needed. Red Dog said that he liked “the stuff” that Jackson got them the last time. Jackson assured Red Dog that “the stuff” would be the same. At 3:52 p.m. on April 30, 1984, Rick phoned Jackson. Rick advised that he had been attempting to call him on his other telephone number but that this line had been busy. Jackson said that he had also been trying to reach Rick for the last couple of days as well. Jackson told Rick that he needed “500 for tomorrow.” Rick said that would be no problem and that he would be ready. Jackson stated that he would be seeing Rick later that evening “to clear up that other.” Rick then told Jackson that Jackson could just go ahead and pick up what he needed for tomorrow and that way he wouldn’t have to make two trips. Agent Leight’s affidavit describes five calls that occurred on May 1,1984. During one conversation, Jackson and Red Dog agreed to meet at the Brigantine Restaurant for lunch and Jackson told Red Dog to bring the $12,000. At 4:20 p.m. Jackson called telephone number 756-2807. An unknown female answered and Jackson asked to speak to Rick. Since Jackson was told that Rick was unavailable, he asked the woman to have Rick call him right away. At 5:09 p.m. Jackson called a phone number subscribed to by “Conceptual Artists” at 808 Imperial Avenue, San Diego. Jackson spoke to an individual believed to be Michael J. Sullivan and advised that he had not heard from his man. Mike said that he had paged his man and that his man should be calling soon. Mike inquired to see if Jackson would prefer to deal directly with him in the future. Jackson said he would and Mike told Jackson that he was getting something “set up down here at the office.” On days Jackson wishes to do something, Jackson could now deal directly with Mike to save time. Jackson told Mike that he had $13,500 out of a total of $16,000 that he owed. Jackson told Mike that “on one of ‘them’ he’s got it all written down what they both weighed.” Jackson stated that somebody “screwed up” because they did not weigh what they were supposed to weigh. Mike said he knew about the difference. On May 3, 1984, John Kerr called Jackson’s residence and spoke with Jackson’s son, Rodney. Rodney told him that his father was out of town and had not yet returned. Kerr told Rodney that he himself had been out of town for over a week on a trip to the Virgin Islands. At 5:27 p.m. on May 3, 1984, Red Dog called Frank Jackson and advised him that a bartender at the Brigantine Restaurant named Mike O’Connor had an evelope containing money for Jackson. Jackson said that he would send his son Rod to get the envelope. Jackson also told Red Dog that he was getting ready “to reload” in a couple of days so that Red Dog should figure how much he needed. Seven minutes later Red Dog called Jackson again. They discussed the quality of cocaine available to Jackson. Once again, Jackson reaffirmed that he was going to “redo” on Saturday. At 10:02 a.m. on May 5, 1984, Michael (believed to be Michael J. Sullivan) called Jackson and told him “I need to get some things today, so I need to get that balance from you.” Jackson said that he would attempt to get it and told Michael that he needed to resupply and said “I might need a big one.” Michael told Jackson that it would be possible to get a “big one that day.” Jackson stated that he had not known that Michael was back and that Jackson had been considering going another way on the “big one.” At 11:10 a.m. that morning Jackson called Bob Anderson and told him that he needed money to pay someone else. At 12:07 p.m. on May 6, Jackson called John (LNU). John had just gotten back from vacation in Hawaii and while he was gone Red Dog did a “little deal” for him. They discussed the quality of “that stuff” and that it was funny looking. Jackson told John not to worry about it, that “we’ve got something else happening now.” Jackson wanted to know when Nino would be back. Jackson told John that when Nino returned they would do a “couple of big ones.” Jackson told John that he had heard that the prices were going “to go way back up.” Jackson did not believe this, but acknowledged “that’s all my people have been saying.” Jackson explained that “his people” said the price was going back up because “they had been losing so much down south.” Jackson told John, “the factories and stuff.” Agent Leight’s affidavit describes six phone calls that occurred on May 7, 1984. In one, Kulbusauskas told Jackson that he had some money for him. In another John called Jackson and asked him if they could “do 5 tonight.” John also told Jackson that Nino would be back tomorrow and would need some. At 5:08 p.m. that date, Jackson called Rick’s residence. Becky answered the phone and advised Jackson that Rick was not there. Jackson left a message with Becky to have Rick call him right away. At 5:48 p.m. John (LNU) called Jackson and placed an order for “6.” John stated that he may come over to Jackson’s house around 8:00 p.m. to pick up his order. At 7:36 p.m., Michael (believed to be Michael J. Sullivan) called Jackson. Jackson asked where he’s been and indicated that he has been waiting for Michael to call. Michael explained that he had to go to Los Angeles that evening and would not be back until the following day. Michael told Jackson that he had a “great one” for him and that “it will be 35 to you.” Michael explained to Jackson that he was still doing “quick turn situations.” Jackson told Michael that “my people are back now from Europe, today, so it’s perfect timing.” In response Michael promised Jackson that he would save this “whole one” for him. Michael said that if Jackson could not wait, Michael could have it brought over to Jackson earlier. In reviewing this phone call, Agent Leight characterized the reference to a “great one” as a reference to a kilo of cocaine. On May 7, 1984, at 8:09 p.m. John (LNU) called Jackson. They discussed a deal to be done the following day and the fact that John has a customer who “really needed some” that evening. At 11:00 a.m. on May 8, 1984, Bob Anderson called Frank Jackson and they discussed the time Anderson could come and pick up “the stuff.” Agent Leight’s affidavit also analyzes information derived from a pen register placed on one of Frank Jackson’s residential phones. Agent Leight broke down the number of calls: Jackson utilized the phone twenty-two times to call the number subscribed to by Kulbusauskas, seven times to call the number subscribed to by Bob Lee, nine times to call the number subscribed to by John Kerr, six times to call the number subscribed to by John (Last Name Unknown), and thirteen times to call the number subscribed to by Barney Barnhill (believed to be used by Rick (Last Name Unknown)). The pen register also detected four phone calls to “Conceptual Artists” (believed to be utilized by Mike (LNU)). Agent Leight’s affidavit also states that a pen register was placed on the telephone subscribed to by Barney Barnhill and utilized by Rick (believed to be Dudley Richards Whitney). He noted that a second telephone at Jackson’s residence had been called four times from that number. Agent Leight’s affidavit notes that the intercepted conversations have revealed that Frank Jackson is able to obtain cocaine from three distinct sources. Leight believes that Jackson functions as a source of supply to many cocaine dealers and these dealers have negotiated and purchased kilogram quantities of cocaine from Jackson. Agent Leight identifies these cocaine sources as 1) John Kerr; 2) Rick, believed to be Dudley Richards Whitney; and 3) Mike, believed to be Michael J. Sullivan. In Agent Leight’s opinion, continued interception of Jackson’s wire communications is the sole method by which to fully explore and document the identities of the individuals who are supplied cocaine by Frank Jackson, the identities of sources of cocaine Jackson may develop in the future, a