Full opinion text
Order Denying Defendant Bankston’s Motion to Suppress Results of Electronic Surveillance and All Evidence Derived from. Such Results and for an Evidentiary Hearing and Denying Defendant Bankston’s Motion for Appropriate Relief VANCE, District Judge. Before the Court is defendant Bankston’s motion to suppress results of electronic surveillance and all evidence derived from such results and for an evidentiary hearing, which has been adopted by defendants Carl Cleveland, Fred Goodson, Maria Goodson, and Joe Morgan and defendant Bankston’s motion for appropriate relief, requesting production of a taped meeting between Robert Miller and Terry Dunlevy. For the reasons stated below, both motions are DENIED. I. Introduction Defendant Bankston moves this Court to suppress the results of electronic surveillance intended to be introduced by the government at trial, along with all fruits of the results, and requests an evidentiary hearing on the issue. Bankston offers three independent reasons for suppression. First, Bankston charges that the electronic surveillance at issue was obtained through the use of affidavits that contained intentional and/or reckless false statements and material omissions. Second, Bankston maintains that the surveillance was not conducted in accordance with the minimization requirements of 18 U.S.C. § 2518(5). Finally, Bankston alleges that the government used the intercepted communications in an improper manner in violation of 18 U.S.C. § 2517(2). The Court finds no merit in any of these three contentions and finds that defendants are not entitled to an evidentiary hearing. The motion is therefore DENIED for the reasons stated below. II. Defendant’s Suppression Motion Challenging the Truthfulness of the Affidavit in Support of the Surveillance Warrant A. Franks v. Delaware Bankston cites eight instances in which he alleges that the affidavits supporting the surveillance in question included either false statements or material omissions, each of which, according to Bankston, negates probable cause. Bankston argues that he is entitled to an evidentiary hearing pursuant to Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), and that the results of the electronic surveillance, along with any fruits of those results, should be suppressed. In Franks, the Supreme Court determined that criminal defendants have a limited right, under the Fourth and Fourteenth Amendments, to challenge the truthfulness of factual statements made in an affidavit supporting a search warrant, subsequent to the ex parte issuance of the warrant. Franks, 438 U.S. at 155-56, 98 S.Ct. at 2676. Franks’ rule is of “limited scope, both in regard to when exclusion of the seized evidence is mandated, and when a hearing on allegations of misstatements must be accorded.” Id. at 167, 98 S.Ct. at 2682. Under Franks, “[t]here is ... a presumption of validity with respect to the affidavit supporting the search warrant.” Id. at 171, 98 S.Ct. at 2684. In order to receive an evidentiary hearing on suppression, a defendant attacking the validity of an affidavit supporting a search warrant must make a “substantial preliminary showing” that: (1) the affiant knowingly and intentionally, or with reckless disregard for the truth, made a false statement in the warrant affidavit and (2) the remaining portion of the affidavit is insufficient to support a finding of probable cause. Id. at 171, 98 S.Ct. at 2684; see also, United States v. Dickey, 102 F.3d 157, 161—62 (5th Cir.1996). The Court spelled out in some detail what it meant by a “substantial preliminary showing:” To mandate an evidentiary hearing, the challenger’s attack must be more than eonclusory and must be supported by more than a mere desire, to cross-examine. There must be allegations of deliberate falsehood or of reckless disregard for the truth, and those allegations must be accompanied by an offer of proof. They should point out specifically the portion of the warrant affidavit that is claimed to be false; and they should be accompanied by a statement of supporting reasons. Affidavits or sworn or otherwise reliable, statements should be furnished, or their absence satisfactorily explained. Allegations of negligence or innocent mistake are insufficient. The deliberate falsity or reckless disregard whose impeachment is permitted is only that of the affiant, not of any nongovernmental informant. Finally, if these requirements are met, and if, when material that is the subject of the alleged falsity or reckless disregard is set to one side, there remains sufficient content in the warrant affidavit to support a finding of probable cause, no hearing is required. Id. at 171-72, 98 S.Ct. at 2684. The “substantial preliminary showing” requirement is not lightly met. See United States v. Hiveley, 61 F.3d 1358, 1360 (8th Cir.1995); United States v. Tibolt, 72 F.3d 965, 973 (1st Cir.1995), cert. denied, — U.S. -, 116 S.Ct. 2554, 135 L.Ed.2d 1073 (1996); United States v. Wajda, 810 F.2d 754, 758 (8th Cir.1987), cert. denied, 481 U.S. 1040, 107 S.Ct. 1981, 95 L.Ed.2d 821 (1987). Furthermore, even if the defendant makes the requisite substantial preliminary showing for an evidentiary hearing, suppression is still not mandated unless the defendant establishes at the hearing, by a preponderance of evidence, that the misstatements in question were made intentionally or with reckless disregard for the truth and that, with the false statement omitted, probable cause was lacking. Franks, 438 U.S. at 156, 98 S.Ct. at 2676. The Franks holding has been extended to cover alleged omissions in a supporting affidavit, as well as false statements. See United States v. Tomblin, 46 F.3d 1369,1377 (5th Cir.1995); United States v. Atkin, 107 F.3d 1213, 1216-17 (6th Cir.1997); United States v. Hunter, 86 F.3d 679, 682 (7th Cir. 1996), cert. denied, — U.S. -, 117 S.Ct. 443, 136 L.Ed.2d 339 (1996); Hiveley, 61 F.3d at 1360; United States v. Collins, 61 F.3d 1379, 1384 (9th Cir.1995), cert. denied, - U.S. -, 116 S.Ct. 543, 133 L.Ed.2d 446 (1995); United States v. Paradis, 802 F.2d 553, 558 (1st Cir.1986). Courts have noted, however, that while omissions are not exempt from inquiry under Franks, affidavits containing omissions of potentially exculpatory information are less likely to present a question of impermissible official conduct than those that affirmatively include false information. Atkin, 107 F.3d at 1216-17; United States v. Martin, 920 F.2d 393, 398 (6th Cir.1990); United States v. Colkley, 899 F.2d 297, 301 (4th Cir.1990). In cases involving omissions, to trigger an evidentiary hearing, a defendant must make a substantial preliminary showing that: 1) the omission was made intentionally and/or with reckless disregard for the omission’s tendency to mislead and 2) if the omitted material had been included in the supporting affidavit, there would not have been probable cause. See, e.g., Atkin, 107 F.3d at 1217 (“If the defendant does succeed in making a preliminary showing that the government affiant engaged in ‘deliberate falsehood’ or ‘reckless disregard for the truth’ in omitting information from the affidavit, the court must consider the affidavit, including the omitted portions, and determine whether probable cause still exists.”); see also, Tomblin, 46 F.3d at 1377; Hiveley, 61 F.3d at 1360; Collins, 61 F.3d at 1384; Paradis, 802 F.2d at 558. The Fifth Circuit has acknowledged that “it will often be difficult for an accused to prove that an omission was made intentionally or with reckless disregard rather than negligently unless he has somehow gained independent evidence that the affiant had acted from bad motive or recklessly in conducting his investigation and making the affidavit.” United States v. Martin, 615 F.2d 318, 329 (5th Cir.1980). For this reason, the Fifth Circuit has recognized that “when the facts omitted from the affidavit are clearly critical to a finding of probable cause the fact of recklessness may be inferred from proof of the omission itself.” Id. (emphasis added). See also, United States v. Cronan, 937 F.2d 163, 165 (5th Cir.1991); Hale v. Fish, 899 F.2d 390, 400 (5th Cir.1990) (same); United States v. Namer, 680 F.2d 1088, 1094 (5th Cir.1982), cert. denied, 486 U.S. 1006, 108 S.Ct. 1731, 100 L.Ed.2d 195 (1988). Thus, under Fifth Circuit law, if the materiality of the omission is great enough, recklessness can be inferred. In such eases, the analytical concepts of materiality and recklessness are “bound together,” collapsing the dual inquiry of Franks into both “intentionally” and “materiality” into a single inquiry into materiality. Namer, 680 F.2d at 1094. But see, Colkley, 899 F.2d at 301 (rejecting Fifth Circuit position that bad motive under Franks can be inferred from fact of omission alone because Franks intended for a inquiry into both intentionality and materiality in all cases). However, reckless intent is to be inferred only in extreme cases when the materiality of the omitted material is “clearly critical” to the probable cause determination. As far as this Court is aware, the Fifth Circuit has done so only once and that was in the context of a civil case brought to challenge constitutional deprivations under 42 U.S.C. § 1983 after the defendant was acquitted. See Hale, 899 F.2d at 400. In that case, the defendant had been prosecuted for kidnapping, and the affiant who attested to the application for the arrest warrant omitted two “clearly critical” facts negating probable cause for the arrest: that all witnesses interviewed, with the exception of the alleged victim, expressed the belief that the alleged victim was not being held against his will and that a number of witnesses interviewed expressed their belief that the actions taken by the alleged kidnappers were done pursuant to an ongoing FBI investigation. In applying the Franks analysis to this case, the Court finds that the defendant has failed to make the requisite substantial preliminary showing for an evidentiary hearing. The Court finds defendant’s assertions of falsity and/or intentional omission unpersuasive in light of all of the information available to the affiant at the time of authoring each affidavit. Moreover, the Court finds that any alleged false statements or omissions are immaterial in that they do not negate probable cause. The Court will analyze the basis for the probable cause determination in the November 25,1994 affidavit and then the validity of Bankston’s claim that the FBI agent “intentionally misled the District Court and tricked the Court” into issuing the surveillance authorization. Record Doc. No. 136, Defendant’s Memorandum in Support of Motion to Suppress Results of Electronic Surveillance and All Evidence Derived from Such Results and Motion for Evidentiary Hearing (“Defendant’s Suppression of Electronic Surveillance Memo”) at 2. B. The November 25, 1994 Affidavit and the Basis for Its Determination of Probable Cause As defendant points out, the November 25, 1994 affidavit was issued based on allegations that are unrelated to the conduct charged in the present indictment — specifically, that then-Senator Bankston was “engaged in a scheme to defraud the citizens of the State of Louisiana of his honest services in order to receive a disguised interest” in a proposed casino to be owned by the Jena Choctaw Indian tribe (“the Tribe”). Defendant’s Suppression of Electronic Surveillance Memo, Exhibit 1, November 25,1994 Affidavit (hereafter “November 25, 1994 Affidavit”) at 7. The November 25, 1994 affidavit states that Bankston, who was then chairman of the Louisiana State Senate Judiciary Committee B, was demanding an interest in the proposed casino in return for his assistance as chairman of Senate Judiciary Committee B in getting the proposed casino’s application approved. Id. The affiant, FBI Special Agent Larry D. Jones, based his conclusion that there was probable cause that Bankston was either engaged in or was about to be engaged in such a scheme on information that he obtained from public sources, eonsensually made tape recordings, and interviews of cooperating witnesses. Id. He states in the November 25,1994 affidavit that the Jena Choctaw Indians had recently been seeking (and had eventually received) recognition as a tribe from the United States Bureau of Indian Affairs. This recognition made the Jena Choctaws eligible to obtain a federal gaming license from the United States Department of Interior, which they actively sought with the hopes of building a casino. To get the federal gaming license, the Jena Choctaws would have to place land in trust with the United States Department of Interior for their reservation/casino site. The affidavit reports that the Chief of the Jena Choctaw Indians, Jerry Jackson (“Chief Jackson”), had been taking steps toward building a casino. Specifically, the affidavit claims that Chief Jackson met with a real estate developer, Mike Brassett (“Brassett”), who entered into an option agreement on 1900 acres of land earmarked for the reservation/casino. The affidavit further reports that Chief Jackson and Brassett entered into a verbal management agreement, whereby an operations and management group brought in by Brassett would receive 30% of the casino profits. Id. at 7-8. The affidavit further states that in an attempt to put together the operations and management group, Brassett contacted Robert Miller (“Miller”), an individual whom Brassett thought could assist him. Miller, who had known and associated with Bankston since they were both in their early twenties, met with Bankston, because of his considerable knowledge of the gaming industry. He sought Bankston’s advice about the viability of the Jena Choctaw casino project. At the meeting, Bankston contacted the head of the Louisiana state agency that oversees Indian gaming by telephone and determined that the Jena Choctaws were close to being recognized as an Indian tribe by the United States Bureau of Indian Affairs. The November 25, 1994 affidavit reports that at the meeting with Miller, Bankston made reference to a piece of Louisiana legislation that he had authored, Act 817 of 1993 (“Act 817”), which Bankston noted might be a potential problem for the Jena Choctaw casino. Id. at 8. The affidavit further states that, after Miller’s initial meeting with Bankston, Miller informed the FBI that he had learned that Bankston directly contacted Chief Jackson and suggested that the Jena Choctaws might need his influence and help in order to receive federal approval as an official Indian tribe and/or approval for their casino application. Miller also reported that he had heard that Bankston represented that he could assist the Jena Choctaws through his authority as Chairman of the Senate Judiciary Committee. Miller informed the FBI that Bras-sett had asked him to meet with Bankston to determine and negotiate the status of his demands. At this point, Miller agreed to act as a cooperating witness for the FBI. In addition to this information from Miller, Special Agent Jones relied on evidence from five “eonsensually recordéd conversations” by Miller in making his determination of probable cause. These conversations took place on September 19, September 21, September 30, October 6, October 19, and October 25, 1994, and they yielded the following information. The affidavit states that in the conversation recorded on September 19, 1994, Bankston told Miller and Brassett that he had met with Chief Jackson several times. Bankston also represented to them that Chief Jackson said that he wanted Bankston to control ten percent of the casino project. Further, Bankston stated that Chief Jackson wanted Bankston to have some state and local Louisiana politicians provide the Jena Choctaws with “political cover” in the event that other gambling operators opposed their casino application. Id. at 10. When asked who- the “other guys” were who had to be paid, Bankston declined to give any names. The following four excerpts from the September 19 conversation all contributed to Special Agent Jones’ conclusion that there was probable cause to suspect that Bankston was attempting to involve himself corruptly in the Jena Choctaw casino project: 1. Bankston: [Bob], I’ve been around this a long time and I have not made a nickel off of any of this. And I — and I wasn’t gonna let uh, this get past me. I mean, that’s what they have been talking to me about for some time. Miller: Okay. Bankston: And they trust me implicitly as, as you can imagine for them to tell me “I want you to get this.” * * * * 2. Miller: What we’ve got to work with is, uh — -we got — there’s a couple of things we can work with. One is, is percentage of the net. The other thing is to — is to uh, consulting fees. You know, the old fashioned stuff. And uh, that will go on through the life of the project. Counsel in your case. Bankston: I don’t want to be a lawyer. Miller: Don’t? What do you want to be? Bankston: I don’t want — I don’t want to be a lawyer. I, being a lawyer all you can get paid for is your time and my time is — You can’t get compensated adequately as a lawyer. * * * * 3. Bankston: He (Jackson) wants to be left alone by all the other gaming companies in the state. Let me tell you what, that’s your biggest problem. Brassett: Oh, I know, that’s why we’ve kept this sucker so quiet. Miller: Explain to me what that means. Bankston: That Players will do any- ' thing and everything to stop and slow down this project. Miller: So what are you gonna do? Bankston: I can protect you from those guys. Miller: Because? Bankston: Because of who I am. * * * * 4. Bankston: There are some other people from Louisiana that I will need to take care of as a result of what the Chief tells me to do. Brassett: I’m not sure exactly what you’re talking about obviously. I mean that know about this deal? Bankston: No. Id. at 10-12. The November 25, 1994 affidavit further states that Miller met with Chief Jackson on September 20, 1994 and that Chief Jackson confirmed that he wanted Bankston to receive ten percent of the management fees for the proposed Jena Choctaw casino. Miller also reported to the FBI that Chief Jackson expected Bankston to secure the amendment of Act 817 of 1993 and to ensure that riverboat operators did not cause problems for the Jena Choctaw casino in return for this ten percent interest. The affidavit reports that Chief Jackson suggested that Miller try to reach some sort of accommodation with Bankston and described Bankston’s influence as an “ace in the hole.” Id. at 12. The affidavit also reports that in a September- 21, 1994 recorded conversation with Miller, Chief Jackson’s attorney, Terry Dunlevy, stated that Chief Jackson “was afraid of Bankston.” Id. at 13. A September 30, 1994 recorded conversation between Miller and Bankston provided further support for the Agent’s probable cause determination. The following three excepts from that conversation were quoted in the November 25,1994 affidavit: 1. Miller: You know if we do uh, I don’t know, we’ll give you 5% of the 8% that we have, that the three of us have, is that going to be sufficient? Bankston: Oh, that will be fine. * * * * 2. Bankston: We’ll take care of it, everybody that needs to be taken care of. Miller: Okay. Who’s [sic] name do you want this stuff in? Bankston: Uh, I’m going to give you a corporate name. * * * * 3. Miller: I’m telling you that we’re going to do this, we’re going to give you the 5% and you’re going to make the crooked ways straight. Bankston: And I’ll, and I can do that. Because let me tell you what. Miller: You won, you beat the shit out of us. Bankston: They gonna, [Bob], they are going to come out like gang busters against us. That is why this thing has to be kept very quiet. Miller: Well, we’re keep — Who’s going to come out? Bankston: Everybody and his uncle. Miller: The other companies, you think? Bankston: Binion’s all the way to uh, uh, Norbert Simmons. Nobody wants to see anymore of anything. Miller: You think you can keep them off our backs? Bankston: Yes, sir. Yes, sir. Id. at 13-14. The November 25, 1994 affidavit further reports that in an October 6, 1994 recorded conversation between Miller and Bankston, Bankston and Miller agreed that Bankston’s potential interest in the Jena Choctaw casino could not be put in the name of a corporation but would instead have to be put in the name of an individual acting on Bankston’s behalf. Id. at 14.. The affidavit also reports that in a consensually recorded conversation on October 19, 1994 between Bankston and Miller at Bankston’s law office, Bankston stated that Chief Jackson was telephoning him frequently. In that same conversation, Bankston stated that he had telephoned Brassett during the previous week. The affidavit further states that “Bankston showed [Miller] a copy of the legislation (Act 817 of 1993) which Bankston may seek to amend as part of his performance for receipt of an undisclosed interest in the casino.” Id. Moreover, Bankston is alleged to have spoken about the notion of using a private individual or “nominee” to help him acquire stock in Miller’s management corporation. Finally, according to the November 25,1994 affidavit, Bankston stated that he was going to arrange a meeting with Chief Jackson in. the upcoming week, and he refused to allow Miller to be present at the meeting. Id. The last consensually recorded conversation mentioned in the November 25, 1994 affidavit occurred on October 25, 1994. The affidavit alleges that, in that conversation, Bankston told Miller by telephone that he had spoken by phone with Chief Jackson and that Bankston’s meeting with Chief Jackson was to be rescheduled. Id. at 15. It was on the basis of all of this information that Special Agent Larry D. Jones concluded that there was probable cause that Bankston was attempting to involve himself illegally in the Jena Choctaw casino project. For purposes of this , motion, Bankston concedes the validity of almost all of the information in the affidavit. See Franks, 438 U.S. at 171, 98 S.Ct. at 2684 (“There is ... a presumption of validity with respect to the affidavit supporting the search warrant.”). However, Bankston specifically alleges eight instances in which the November 25, 1994 affidavit supporting the initial application for surveillance either included false statements or omissions. Bankston further claims that each of these false statements or omissions negates probable cause. Each of the eight false statements and/or omissions is examined below. C. Alleged Intentional Misrepresentations and/or Omissions in the November 25, 1994 Affidavit 1. Omission of the October 31, 1994 Conversation between Bankston and Miller Of the eight alleged false statements and/or omissions, the most serious is Bankston’s claim that the November 25, 1994 affidavit intentionally omitted mention of an October 31, 1994 taped conversation between Bankston and Miller, in which, according to the defense,' “Bankston declared that he would not participate in any way in the Indian casino, and that he wanted nothing more to do with the project.” Defendant’s Suppression of Electronic Surveillance Memo at 3. The' defendant claims that these statements directly contradict the government’s theory that, at the time of the November 25, 1994 application, Bankston was attempting to involve himself with the Jena Choctaw casino project and that they should have therefore been included in the November 25, 1994 affidavit. a. Intentionality The record reflects that Special Agent Jones prepared the November 25, 1994 affidavit prior to October 31, 1994 and that he did not have a copy of the October 31st tape at the time he originally prepared the affidavit. See Record Doc. No. 158, United States’ Memorandum in Opposition to Defendants’ Motion to Suppress Results of Electronic Surveillance and All Evidence Derived From Such Results (“Government’s Electronic Surveillance Opposition Memo”), Exhibit 1, Affidavit of Larry D. Jones at ¶ 1. However, the record also reflects that Special Agent Jones became aware of the October 31st conversation prior to submission of his affidavit to the Court on November 25, 1994, reviewed the contents of the tape, and concluded that the contents of the conversation did not require him to amend the affidavit. Id. at ¶ 2. Special Agent Jones therefore clearly made an intentional decision to omit the October 31st conversation from the November 25, 1994 affidavit. However, this does not necessarily satisfy'the intentionality prong of the Franks test. Special Agent Jones attests that he did not believe the omission to be material, and defendant offers no direct proof that he did. To show intentionality or reckless disregard for the truth, the defendant must show that the affiant believed the omitted information to be material but left it out anyway. See Tomblin, 46 F.3d at 1377 (“Unless the defendant makes a strong preliminary showing that the affiant excluded critical information from the affidavit with the intent to mislead the magistrate, the Fourth Amendment provides no basis for a subsequent attack on the affidavit’s integrity.”) (emphasis added) (quoting Colkley, 899 F.2d at 303). See also, United States v. Williams, 737 F.2d 594, 602 (7th Cir.1984) (applying First Amendment definition of reckless disregard for truth to Franks setting); United States v. Davis, 617 F.2d 677, 694 (D.C.Cir.1979) (same). However, as- discussed above, the Fifth Circuit has recognized the difficulty of making such a showing in omissions cases and has therefore held that “when the facts omitted from the affidavit are clearly critical to a finding of probable cause the fact of recklessness may be inferred from proof of the omission itself.” Martin, 615 F.2d at 329 (emphasis added). See also, Cronan, 937 F.2d at 165; Hale, 899 F.2d at 400; Namer, 680 F.2d at 1094. The Court therefore turns to the materiality prong of the Franks test to determine whether the materiality of the omission was great enough in this case for recklessness to be inferred. b. Materiality To show the materiality of the October 31st conversation, the defendant quotes the following excerpt: Mr. Bankston: Bob, I’m going to stay away from Mike Brassett and stay away from this entire thing. The thing is going to blow up and I don’t want to be involved when it blows up. Mr. Miller: Okay. Mr. Bankston: And I don’t want to be involved with people that fucking tape people’s telephone conversations. Mr. Miller: That was interesting, wasn’t it? Mr. Bankston: I mean, I don’t do business that way and I don’t want to be around anybody that does that. Mr. Bankston: But I just can’t afford to be involved with something, and particularly when the Chief is off in fucking never-never land on stuff, you know. He’s over here; he’s over there; I mean, he wants to do this — he wants to wake up one day and find somebody, have them, you know, give him a million dollars and not have to make any decisions, apparently or something. I don’t know. So, I am fini. Defendants’ Electronic Surveillance Memo at 4; id., Exhibit 2, Certified Transcript of October 31,1994 Conversation at 7-8. Defendant ignores, however, other relevant testimony in the October 31, 1994 conversation. In fact, despite Bankston’s statement that he was “fini” with the project and his apparent ire at being surreptitiously tape recorded by Brassett, he makes a statement only seconds later in the same conversation that can reasonably be interpreted as an expression of continued interest in the Jena Choctaw casino project: Mr. Bankston: I’ll let you all go fight this battle and see if you all can ... Mr. Miller: Well, I don’t know what to do exactly. Mr. Bankston: I don’t either. I don’t either. I’m just ... I’ve got kinda — I told the Chief that if you won’t, ah, if you get, if you finalize a plan, come tell me what the plan is and then I’ll determine whether or not I might be able to be of service to somebody— Government’s Electronic Surveillance Opposition Memo, Exhibit 3, Government’s Transcript of October 31, 1994 Conversation at 6. In that same conversation, Bankston indicated that he had told the Chief the week before that the Chief had to “get on one stick or the other” and to either “get in bed with Capital or get out.” Id. at 7. Bankston also told the Chief that he had to figure out what he was going to do with Brassett because he could not “walk around ah, you know, pissing on people____” Id. Bankston further told Miller the thing to do at that juncture was to “let it simmer awhile ‘cause nobody’s coming and bringing him [the Chief] anything____ Nobody’s bringing him any deals.” ■ Id. Bankston concludes the conversation by telling Miller to “just hang loose and see what happens for awhile.” Id. at 9. In light of the entire conversation and the other evidence Special Agent Jones had before him, the Court finds that it was not unreasonable for Special Agent Jones to conclude that Bankston was still willing to, proceed with the casino project if something could be worked out to his satisfaction— particularly if Brassett could be taken out of the deal. The Court finds that éven if the omitted material from the October- 31st conversation had been included in the November 25, 1994 affidavit, it would not have negated probable cause. The omission was therefore immaterial. Under Fifth Circuit law, courts must “evaluate probable cause under a totality of the circumstances test.” Dickey, 102 F.3d at 162; see also, United States v. Cherry, 50 F.3d 338, 341 (5th Cir.1995). In light of Miller’s multiple statements to the FBI that Bankston was negotiating a deal in which he would exchange his political influence for an undisclosed interest in the Jena Choctaw casino, the multiple taped conversations containing statements that tended to corroborate the tip from Miller, and the ambiguity of Bankston’s statements in the October 31st conversation, the Court concludes that there was probable cause to authorize electronic surveillance on November 25th, even when the full content of the October 31, 1994 conversation is considered. The reasonableness of Special Agent Jones’ conclusion that Bankston had not actually withdrawn on October 31 from the alleged illegal activity surrounding the Jena Choctaw casino project is also borne out by subsequent events. In a December 14, 1994 conversation between Bankston and Miller, Bankston’s continued interest in the project was made explicitly clear: Mr. Miller: ... Uh, what’s, if I can uh, if I can put uh, you know take, take care of Brassett and take care of Capital Gaming, still want to work on this thing? Mr. Bankston: Yeah, but I’m, I’m not going to be involved with anything that Mike Brassett’s involved with. Mr. Miller: I catch your drift. Mr. Bankston: I mean, I, I, after what he told you, do, do you trust him? And he sent a letter to me kind of th, threatening me. Mr. Miller: Oh, I didn’t know that. Mr. Bankston: Yeah. Mr. Miller: He likes to write letters. Mr. Bankston: Yeah. Uh, I don’t want to be involved With anybody that wants to talk about suing people. Government’s Electronic Surveillance Opposition Memo, Exhibit 4, Transcript of December 14,1994 Conversation at 4. Mr. Miller: ... Well I’ll let you go, I just wanted to, I’ll keep you in touch— Mr. Bankston: Just give me a call. Mr. Miller: I’ll give you, I’ll keep you in touch on what’s going on this, this uh, you know we have an understanding and I want to make sure that uh - Mr. Bankston: I appreciate that Bob. Mr. Miller: I leave, leave my side of the street clean on that one. Mr. Bankston: I appreciate it. Id. at 8. It is true that this conversation played no part in the agent’s decision not to include the October 31st conversation in the November 25th affidavit, since it had not yet occurred at that time. However, this conversation clearly suggests that the agent’s earlier conclusion that Bankston was still interested in participating in the Jena Choctaw casino project was not only reasonable, it was also correct. The reasonableness of the agent’s conclusion that the October 31 conversation did not negate probable cause is further borne out by Judge Polozola’s later action on the government’s application to search Bankston’s office for documents relating to the Jena Choctaw Casino project. Judge Polozola authorized the search even though the contents of the October 31 conversation were disclosed in the application and the December 14 conversation was not even discussed. Judge Polozola obviously did not view the October 31 conversation as negating probable cause. For all of the foregoing reasons, the Court finds the omission of the October 31st conversation in the November 25, 1994 affidavit immaterial. Defendant is therefore not entitled to a Franks hearing on account of this omission. 2. Alleged False Summary of the October 31, 1994 Conversation in the January 4, 1995 Affidavit Bankston attacks a statement made in a January 4,1995 affidavit attached to the first request for renewal of the electronic surveillance in Bankston’s law office. According to Bankston, the agent who wrote the January 4,1995 affidavit “created a new version of the October 31 conversation” when he represented to the Court that: During another consensually recorded conversation, [Robert Miller] and Bankston discussed the fact that [Mike Brassett] had begun to independently tape record telephone conversations. Bankston responded in this conversation that he cannot afford to deal with people who record telephone conversations. As a result of Bankston’s concerns over [Brassett] recording conversations, Bankston told [Miller] that [Bras-sett] needs to be removed from the Jena Choctaw casino. Defendant’s Suppression of Electronic Surveillance Memo, Exhibit 5, January 5, 1995 Affidavit (“January 5, 1995 Affidavit”) at ¶ 9. Bankston argues that this statement is false because Bankston said nothing in the October 31, 1994 conversation about whether Brassett needed to be removed from the Jena Choctaw casino project. The government responds by pointing out that the above-quoted statement from the January 4,1995 affidavit was based on statements made not only in the October 31, 1994 conversation, but also on statements made in a December 14,1994 conversation. The government relies on the following statements to support the accuracy of the January 4, 1995 affidavit: Mr. Bankston: And I don’t want to be involved with people that fucking tape people’s telephone conversations. Mr. Miller: That was interesting, wasn’t it? Mr. Bankston: I mean I don’t do business that way and I don’t want to be around anybody that does that. Government’s Electronic Surveillance Opposition Memo, Exhibit 3, Transcript of October 31,1994 Conversation at 5. Mr. Miller: ... Uh, what’s, if I can uh, if I can put uh, you know, take, take care of Brassett and take care of Capital Gaming, still want to work on this thing? Mr. Bankston: Yeah but I’m, I’m not going to be involved with anything that Mike Brassett’s involved with. Mr. Miller: I catch your drift. Mr. Bankston: I mean, I, I, after what he told you, do, do you trust him? And he sent a letter to mean kind of th, threatening me. Mr. Miller: Oh, I didn’t know that. Mr. Bankston: Yeah. Mr. Miller: He likes to write letters. Mr. Bankston: Yeah. Uh, I don’t want to be involved with anybody that wants to talk about suing people. Government’s Electronic Surveillance Opposition Memo, Exhibit 4, Transcript of December 14,1994 Conversation at 4; Mr. Miller ... So, let me tell you what our, our plan is, is that uh would be to get somebody to come in and be an angel and uh, take Brassett and this other guy out. I think the Chief wants him out too, don’t you? Mr. Bankston: He does. He definitely does. Id. at 5. Mr. Miller: ... Do you have any suggestions? Mr. Bankston: I, I think you’re doing all right cause uh the Chief is not going to deal with Brassett. Mike Brassett’s out of control. Id. at 6. Clearly, the statements in the January 4, 1995 affidavit are true in light of both the October 31, 1994 and December 14, 1994 conversations. Bankston’s request for a Franks hearing with regard to this alleged “false statement” must therefore be denied. 3. Alleged False Statement and Material Omission about the October 19, 1994 Conversation between Bankston and Miller Bankston makes much of a single sentence found in paragraph 20 of the November 25, 1994 affidavit, which states: Bankston showed [Robert Miller] a copy of the legislation (Act 817 of 1993) which Bankston may seek to amend as part of his performance for receipt of an undisclosed interest in the casino. Defendant’s Suppression of Electronic Surveillance Memo, Exhibit 1, November 24, 1994 Affidavit at 14. The defendant argues that “[t]he affidavit’s claim is clear — Bankston told Miller that he would seek to amend this Act as part of his performance.” Defendant’s Electronic Surveillance Memo at 12. However, the .defendant distorts the quoted portion of the affidavit. The affidavit does not say that Bankston told Miller he would amend Act 817. Rather, it states that he merely showed Miller a copy of the legislation, which he may seek to amend. Furthermore, the Court finds that there is nothing false about the affidavit’s suggestion that Bankston “may seek to amend [the Act] as part of his performance for receipt of an undisclosed interest in the casino.” It is important to consider that, prior to the October 19th conversation, Special Agent Jones had already been told by Miller that Bankston noted that Act 817 might be a problem for the Jena Choctaws. See November 25, 1994 Affidavit at 8. He had been also been informed that Chief Jackson said that Bankston was to receive ten percent of the management fees for the proposed casino in return for, among other things, amending Act 817. See November 25, 1994 Affidavit at 12. Further, the October 19th conversation confirmed that Chief Jackson was concerned about Act 817, that he wanted Bankston to take care of any problems that might arise as a result of it, and that both Bankston and Miller knew this. The following excerpt from the October 19th conversation illustrates this point: Miller: I didn’t give — I didn’t raise hell with him [Chief Jackson]. But, I mean, you know, the first thing he says is, all white people look the same and Larry Bankston has to get ten percent of the deal. I’m sitting there, you know, with all of these people, he’s saying this shit. And — and, you know, Larry Bankston’s gonna and Larry’s gonna go take care [sic] Act 77 — 87—what is it 817? Bankston: No. If they need to be taken— Miller: I know. Bankston: They’re a little worried about this Act. Government’s Electronic Surveillance Opposition Memo, Exhibit 5, Transcript of October 19,1994 Conversation at 17-18. In light of the content of the October 19th conversation and the background information given to Special Agent Jones, it was not unreasonable for him to have concluded that Bankston may seek to amend the Act as part of his performance for receipt of an interest in the casino. The defense points to the fact that Bankston stated in the October 19th conversation that “the statute doesn’t apply to them,” id. at 18, and that this piece of information was omitted from the November 25, 1994 affidavit. However, the Court finds this omission immaterial. First, the meaning of Bankston’s statement is not entirely clear from the tape. Second, even if the authorizing Court had been told that Bankston stated in the October 19th conversation that he thought the Act did not apply to the Jena Choctaw’s casino project, this would not change the fact that Bankston had discussed, in the past, with both Chief Jackson and Miller, that he would take steps to amend the Act if necessary. In light of the other information provided to Special Agent Jones, that Bankston thought that the Jena Choctaw’s fears concerning the Act might have been unfounded does not negate probable cause. Finally, Bankston is correct in pointing out that the affidavit erroneously stated that Bankston showed Miller a copy of Act 817. In fact, the transcript reveals that Bankston showed Miller a copy of a report that contained references to portions of Act 817 instead of an actual copy of the Act. Id. at 18. While this may be an error in the affidavit, it can hardly be considered a material error that negates probable cause. The Court finds no material misstatements or omissions in the November 25, 1994 affidavit concerning the October Í9, 1994 conversation. 4. Alleged Material Omission about the September 21, 1994 Conversation Bankston also attacks a portion of the November 25, 1994 affidavit that describes a September 21, 1994 meeting between Miller and Terry Dunlevy (“Dunlevy”), an attorney for Chief Jackson. The description of the meeting, which was not attended by Bankston, consists of a single sentence, which reads: In a consensually recorded meeting with [Miller] on September 21, 1994, Terry Dunlevy, attorney for Chief Jackson, stated that the Chief is afraid of Bankston. November 25,1994 Affidavit at 12-13. Bankston does not contest the truth of this sentence. See Record Doc. No. 180, Defendant’s Reply Memorandum Regarding Motion to Suppress the Results of Electronic Surveillance and All Evidence Derived from Such Results (“Defendant’s Electronic Surveillance Reply Memo”) at 8. However, Bankston has learned through deposition testimony given by Robert Miller in a civil case, that once the Hobbs Act was brought up in the September 21st conversation, Dunlevy took the position that Chief Jackson no longer needed Bankston to be part of the deal. See Government’s Electronic Surveillance Opposition Memo, Exhibit 6, Excerpt from Deposition of Robert Miller at 302-03. Bankston questions why this information was omitted from the November 25, 1994 affidavit. The government admits that Dunlevy stated in the September 21st meeting with Bras-sett and Miller that the Chief no longer needed for Bankston to be a part of the casino deal. The government has furnished the Court with a transcript of that meeting for review in camera. It is clear from the transcript that when Dunlevy made this statement, he was told by Miller, Brassett, or both, that that was not what they were told by the Chief the previous morning. See Sealed Document, Transcript of September 21, 1994 Meeting at 36, 56-57, 59-62, 65-69, 72-74. The transcript of the September 21st meeting clearly shows that both Miller and Brassett thought that “what this guy [Dun-levy] said, he was covering his ass.” Id. at 83. Moreover, even the deposition of Miller cited by the defendant corroborates that Bankston was still considered to be in the casino project after the September 21st meeting. When Miller testified that Dunlevy told him that he advised Chief Jackson not to proceed with Bankston in the casino project, he was asked point blank whether Bankston “was out of the deal.” He responded unequivocally, “Oh, no. Mr. Brassett continued to pursue Senator Bankston.” Record Doc. No. 158, Exhibit 6, Deposition of Robert Miller at 302-03. That neither Miller nor the FBI ever thought that Bankston was “out of the deal” is further corroborated by a sworn statement by Miller, submitted by the government, which states unequivocally that: I did not think at any time during my recorded conversations with Larry Bankston that Larry Bankston had withdrawn from the Jena Choctaw Casino deal. I do recall Bankston stating that he was unwilling to continue dealing with developer, Mike Brassett. It was clear to me from my early contact with Bankston concerning the Jena Choctaw Casino that Bankston bragged the casino deal could not be done without his participation. No one from the FBI ever told me that the Jena Choctaw Casino deal with Bankston was over and that Bankston had withdrawn from participation in the casino. I never stated a concern to the FBI that Bankston had withdrawn from the Jena Choctaw Casino deal. Record Doc. No. 196, Government’s Memorandum in Opposition to Supplemental Offer of Proof, Affidavit of Robert Miller at 1-2. Finally, the Court notes that Miller’s September 30th conversation with Bankston, quoted above, confirms that Bankston was still very much part of the Jena Choctaw Casino deal after the September 21st meeting. See, supra, pp. 1081-1082. Bankston’s interest in the Jena Choctaw Casino deal is manifest in the September 30, 1994 recorded conversation. The Court finds that the omission in issue did not negate probable cause and hence was immaterial. Despite Dunlevy’s statement that the Chief no longer required Bankston to be a part of the deal, the transcript of the September 21st meeting, Miller’s deposition, Miller’s affidavit submitted to the Court in response to this motion, and the September 30, 1994 recorded conversation between Bankston and Miller all suggest that Bankston continued to be part of the Jena Choctaw casino project. 5. Alleged Material Omission about the October 31, 1994 Conversation between Robert Miller and Mike Brassett Bankston also charges that the November 25, 1994 affidavit omits material information from an October 31, 1994 conversation between Robert Miller and Mike Brassett, which was recorded by Brassett. Defendant makes no showing, let alone the “substantial preliminary showing” needed for a Franks hearing, that Special Agent Jones knew about the information in question at the time the November 25, 1994 affidavit was signed and submitted to the reviewing court. Defendants merely assert that the information in question “was available to the FBI, either through its conversations with Miller or through the taping Miller performed on the FBI’s behalf.” Defendant’s Electronic Surveillance Memo at 16. There is no offer of proof as to this assertion. In contrast, the government has submitted an affidavit from Special Agent Jones in which he explains that he “was not aware of the contents of the October 31, 1994, conversation between Robert Miller and Michael Brassett at the time the November 1994 affidavit was presented to the Court” and that he did not obtain a copy of the tape recording in question until February of 1995. Government’s Electronic Surveillance Opposition Memo, Exhibit 1, Jones Affidavit at ¶3. The defendant has given this Court no reason to doubt that Special Agent Jones was unaware of the information that defendant claims should have been included in the November 25,1994 affidavit at the time the November 25, 1994 affidavit was submitted. Accordingly, the Court finds that defendant cannot satisfy the intentionality requirement of Franks as to the October 31, 1994 conversation between Miller and Brassett. There is, therefore, no need for this Court to consider the materiality requirement as to this conversation. There can be no recklessness, regardless of the nature of the omission, when the Court has reason to believe that the affiant was unaware of the existence of the omitted material at the time the affidavit was submitted. 6. Alleged False Statement about Bankston’s Legislative Role Bankston further alleges that the November 25, 1994 affidavit falsely stated Bankston’s legislative role with respect to Indian gaming. The November 25, 1994 affidavit sets forth Bankston’s legislative role as follows, in pertinent part: Bankston is a member of the Louisiana State Senate and is Chairman of Senate Judiciary Committee B (the Judiciary Committee). The Judiciary Committee, despite its name, is the committee which controls the consideration of all gaming legislation in the Louisiana Senate. As the Committee Chairman, Bankston largely controls the flow of proposed legislation and legislative hearings on gaming. November 25, 1994 Affidavit at 5. Defendant does not challenge the validity of this part of the description. However, defendant claims that the following statement about Bankston’s legislative role is false: The Committee reviews and approves all contractual agreements of the state regarding gaming during these hearings. Id. at 6. Bankston charges that this is a particularly crucial misstatement considering its juxtaposition with the following true statement in the affidavit about the legal requirements for an Indian casino: To obtain a Class III license, the tribe must enter a compact with the state where the reservation/casino is located. This compact specifies issues such as the regulatory agency for the casino and how revemies are to be distributed to the state or local governments. Id. Bankston contends that the juxtaposition of these statements gives the false impression that Bankston had the right to review and approve the compact between the state and the Jena Choctaw tribe. The Court agrees with Bankston that the statement that Senate Judiciary Committee B reviewed and approved all contractual agreements of the State regarding gaming is wrong. See Defendant’s Suppression of Electronic Surveillance Memo, Exhibit 12, Affidavit of Diana Williamson at 1. However, the Court also finds that Bankston has failed to make a substantial preliminary showing of either intentionality or materiality, as required under Franks. Bankston has given this Court no reason to suspect that the incorrect statement was made intentionally or with reckless disregard for the truth, as opposed to merely being made negligently. Moreover, even if the false statement had been omitted, there still would have been probable cause to order the electronic surveillance. Taken as a whole, without the misstatement as to Bankston’s legislative role, the November 25,1994 affidavit conveys to the Court that Bankston was the Chairman of the committee that had the greatest authority over the regulation of gaming in Louisiana. It also informs the Court that Bankston made representations to Chief Jackson that the Jena Choctaws might have trouble being federally recognized as a tribe or being licensed by the state without his political influence. The affidavit also represents that Bankston stated that he would use his position as Chairman, and the political influence that gave him, to provide the Jena Choctaws with “political cover” in the event that other gaming operators opposed their casino application. Finally, the affidavit reflects that Bankston indicated he had enough power over these other gaming operators to make this representation good. See November 25, 1994 Affidavit at 12 (quoting September 19,1994 recorded conversation). In light of the above, the Court finds that the erroneous statement about Bankston’s legislative role is immaterial and does not entitle Bankston to an evidentiary hearing. 7. Alleged False Statement and Material Omission about the Necessity of Surveillance Bankston also alleges that Special Agent Jones intentionally concealed facts in the November 25, 1994 affidavit which, if known, would have shown that the surveillance was not necessary under the law. As defendant points out, the initial affidavit and application for surveillance are required by statute to set forth “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(l)(c). Special Agent Jones stated in the November 25,1994 affidavit that the use of electronic surveillance was necessary, as opposed to continued reliance upon Miller as a cooperating witness, because Bankston made it clear that he would not include Miller in potentially incriminating conversations with third parties about his involvement in the Jena Choctaw casino project. The affidavit specifically stated: Bankston can be expected to utilize this same telephone and office to discuss such matters [related to the unlawful conduct alleged] with his stockholder nominee and with the ‘other people in Louisiana’ that he has to satisfy out of his five percent. Bankston’s dealings with [Miller] on the subject make it clear that [Miller] will not be invited to witness such conversations and arrangements. Without an order granted pursuant to this application, these conversations and meetings will go undocumented. November 24,1994 Affidavit at 15-16. Bankston alleges that the Court should have been told that the FBI had temporarily suspended Miller’s operations. Even if the FBI had suspended Miller’s taping of Bankston, Bankston fails to show how this disclosure would negate the finding of necessity. The Court therefore finds this omission immaterial. The affidavit clearly enumerated specific conversations that it reasonably expected would be of a potentially criminal nature and that would go undocumented if electronic surveillance were not implemented. Even if the affidavit intentionally concealed that the FBI temporarily suspended Miller’s operations — and this Court is not convinced that it did — this would not change the fact that a showing of necessity was made, nor would this alleged omission affect the existence of probable cause. Thus, the alleged omission does not entitle Bankston to an evidentiary hearing. The Supreme Court has stated that the necessity requirement of 18 U.S.C. § 2518(l)(e) “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, 983 n. 12, 39 L.Ed.2d 225 (1974). This Court has no dpubt that the November 25, 1994 affidavit demonstrated that the wiretaps were the only way to gather all of the relevant evidence of the suspected crime. 8. Alleged False Statement about Present Communications Finally, Bankston attacks the validity of the November 25th affidavit’s statement that: Use of the telephone is presently a principal means of communication between Bankston, [Miller], [Brassett] and Jackson wherein Bankston details the terms of his proposed corrupt services and demands. November 25, 1994 Affidavit at 15. Bankston alleges that the statement is false, claiming that the last communication between Bankston and Miller prior to November 25, 1994 was on October 31, 1994, so that Bankston was not “presently” using the telephone as a principal means of communication with the other participants. Bankston suggests that a proper statement might have been “Bankston has declared that he "will no longer participate in the Indian casino project. He cannot be expected to have telephone conversations about the project with any of the other participants.” Defendant’s Electronic Surveillance Memo at 23. The Court disagrees with the defendant’s view that this would be a more accurate statement than the one actually made in the November 24, 1994 affidavit. It is inaccurate to suggest that Bankston could no longer have reasonably been expected to be using the telephone to have conversations about the project after the last eonsensually taped conversation with Miller on October 31, 1994. This is especially true since Bankston had used the phone repeatedly to speak with the relevant participants in the casino project during the preceding period, and there was no monitoring of his phone calls between October 31 and when the surveillance began to know to whom he actually spoke during that interval. Moreover, it is clear that Bankston did in fact use the phone to talk about the casino project after November 25, 1996, a fact that further suggests the reasonableness of Special Agent Jones’ suspicion that he would do so at the time he signed the November 25,1996 affidavit. Furthermore, the Court finds that the challenged statement is not materially false simply because it used the word “presently.” The statement was intended to convey that the telephone was the principal means of communication between Bankston and the other participants to show the necessity of electronic surveillance. The statement was not materially untrue. Further, the necessity for the wiretap was already demonstrated through Bankston’s statements that he would not involve Miller in certain potentially criminal future conversations. Moreover, whether or not Bankston had spoken to Miller between October 31, 1994 and November 25, 1994, there was still probable cause for the surveillance authorization. Finally, the Court finds that all of the alleged omissions, and potentially false statements, taken together, do not negate the strong showing of probable cause in this case. The Court therefore finds that Bankston is not entitled to a Franks hearing. II. Minimization A. Introduction Bankston also seeks to suppress the results of the electronic surveillance on the grounds that the agents conducting the surveillance failed to comply with the statutory requirement of minimization. 18 U.S.C. § 2518(5) provides that: Every order and extension thereof ... shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter---- 18 U.S.C. § 2518(5). Bankston also accuses the government of failing to comply with the issuing Court’s order authorizing the surveillance, which provided that “all monitoring of communications shall be conducted in such a way as to minimize the interception and disclosure of the communications intercepted to those communications relevant to the pending investigation ... ”. Defendant’s Suppression of Electronic Surveillance Memo, Exhibit 14, Order Authorizing Interception of Oral, Wire and Electronic Communications at 5. Bankston contends that the government’s failure to minimize was so pervasive and flagrant as to require complete suppression of the results of the entire surveillance. Alternatively, Bankston seeks to suppress those specific conversations that he claims should have been minimized. Finally, Bankston seeks an evidentiary hearing on the adequacy of the government’s minimization efforts. For the reasons stated below, the Court finds that the government’s minimization efforts were entirely reasonable, that suppression is an inappropriate remedy as to any of the intercepted conversations, and that an evidentiary hearing is unwarranted. B. The Appropriate Remedy The Court notes at the outset that the remedy requested by Bankston for the alleged minimization violations — namely, total suppression of the electronic surveillance— has been explicitly rejected by the Fifth Circuit. In United States v. Gaytan, 74 F.3d 545 (5th Cir.), cert. denied sub nom., Gandara-Granillo v. United States, — U.S. -, 117 S.Ct. 77, 136 L.Ed.2d 36 (1996), cert, denied sub nom, Macias-Munoz v. United States, — U.S. -, 117 S.Ct. 506, 136 L.Ed.2d 397 (1996), the Fifth Circuit rejected the defendants’ argument that the appropriate remedy for the government’s failure to minimize intercepted conversations was suppression of all intercepted communications. The Court found the appropriate remedy to be exclusion of those interceptions that were improperly obtained, noting that “[t]he exclusionary rule does not require the exclusion of those conversations that were properly intercepted as well.” (citing United States v. Morris, 977 F.2d 677, 682 (1st Cir. 1992), cert. denied, 507 U.S. 988, 113 S.Ct. 1588, 123 L.Ed.2d 155 (1993); United States v. Baldwin, 987 F.2d 1432, 1436 (9th Cir.), cert. denied, 508 U.S. 967, 113 S.Ct. 2948, 124 L.Ed.2d 696 (1993)). Other courts that have considered the issue generally agree with this position. See, e.g., United States v. Cox, 462 F.2d 1293, 1301 (8th Cir.1972), cert. denied, 417 U.S. 918, 94 S.Ct. 2623, 41 L.Ed.2d 223 (1974) (“Clearly Congress did not intend that evidence directly within the ambit of a lawful order should be suppressed because the officers, while awaiting incriminating evidence, also gathered extraneous conversations. If appellants ... have a remedy under Title III other than the suppression of conversations outside the warrant’s scope, it lies in ... a