United States District Court, D. Colorado
ORDER
PHILIP
A. BRIMMER, CHIEF JUDGE
This
matter comes before the Court on defendant Michael
Benitez-Lopez' Motion to Suppress Results of Wiretap on
Target Telephone Seven [Docket No. 143]. The United States
has filed a response. See Docket No. 185. Defendant
Benitez-Lopez asks the Court to suppress the evidence
gathered from the wiretap of the telephone that the
government has designated as Target Telephone Seven
(“TT-7”) based upon the claim that the
government's application and affidavit supporting
issuance of the wiretap failed to satisfy the necessity
requirement. Docket No. 143 at 2.
I.
BACKGROUND
On July
12, 2018, a grand jury returned the indictment in this case
charging defendant Benitez-Lopez and twelve other defendants
with twenty-five counts connected to drug trafficking
activities. This indictment is one of five indictments
stemming from a long-term investigation into several cocaine
trafficking organizations operating in the Denver metro area.
The overall investigation, referred to as “Operation
VIP Line, ” began in July 2015 and ended in March 2018.
Docket No. 185 at 1.
Between
January 2015 and June 2015, the Northern Colorado Drug Task
Force (“NCDTF”) conducted a wiretap investigation
of the “Acosta” cocaine trafficking organization.
NCDTF Investigator Kristie Allen was lead investigator
assigned to the Acosta case. Id. at 2.
In
April 2017, the DEA's Denver Division Strike Force Group
(“Denver SFG”) initiated the first wiretap as
part of Operation VIP Line by targeting a telephone
(hereinafter “TT-1”) used by Armando Talamantes.
During the period April 2017 through January 2018, Denver SFG
continued to apply for wiretaps and intercept communications
in connection with drug traffickers associated with Armando
Talamantes. The wiretaps focused on the Talamantes portion of
Operation VIP Line were as follows:
• On April 28, 2017, the Denver SFG applied for and
received authorization to intercept a telephone used by
Armando Talamantes (“TT-1”);
• On May 15, 2017, the Denver SFG applied for and
received authorization to intercept a telephone used by the
defendant (hereinafter “TT-2”);
• On June 9, 2017, the Denver SFG applied for and
received authorization to continue interception on TT-2 used
by the defendant;
• On July 20, 2017, the Denver SFG applied for and
received authorization for a second continuation of
interception on TT-2 used by the defendant;
• On August 23, 2017, the Denver SFG applied for and
received authorization to intercept a telephone used by the
defendant (hereinafter “TT-7”); and a telephone
used by Armando Talamantes (hereinafter “TT-8”);
• On September 22, 2017, the Denver SFG applied for and
received authorization to continue interception of
communications on TT-7 used by the defendant and TT-8 used by
Talamantes.
Docket
No. 185 at 5.
II.
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