Citations
- 792 F. Supp. 1153
Full opinion text
MEMORANDUM AND ORDER
STROM, Chief Judge.
This matter is before the Court on the government’s objections (Filing No. 268) to the findings and recommendations of the magistrate (Filing No. 267). A hearing was held on January 25, 1991, at which time the government offered additional evidence with respect to the magistrate’s finding that the government’s failure to “immediately” seal wiretap tapes as required by Neb.RevStat. § 86-705(8) (Reissue 1987) and 18 O S.C. § 2518(8)(a), was inexcusable. The magistrate recommended that defendants’ motions to suppress be granted in that the “fruits” of the wiretap be suppressed, but that the indictment not be dismissed.
At the January 25, 1991, hearing, the government offered the testimony of two witnesses, Federal Bureau of Investigation Special Agent S.R. Bunch and Deputy Douglas County Attorney Robert C. Sigler. Special Agent Bunch testified that, the original tapes were not immediately sealed because they were used to facilitate the transcription of working tapes. Bunch testified that on two occasions during transcription, a working tape had broken, alarming law enforcement officials that other working tapes might also be defective. Bunch testified that law enforcement officials wanted the original tapes available in the event that other working tapes broke.
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