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Wiretaps are commonly used in drug investigations in Arizona. The DEA and local police have formed task forces that apply for wiretaps either through the state or federal courts. Federal wiretaps applications must be approved by Justice Department officials in Washington before they are submitted to a judge in Arizona for what is called an order of interception. State court wiretaps are generally easier for the police to get and do not have as much oversight. Wiretap applications and affidavits are highly technical and there are many defenses that can be asserted to attempt to suppress the recorded phone calls that can be incriminating and are often the heart of the government's case against a defendant. These defenses include attacks on the authorization for the application, a matter that we currently have up for appeal in the 9th Circuit Court of Appeals, sealing of the recordings, probable cause, and necessity, which is the requirement that the government attempt to solve the case without a wiretap.
Cameron Morgan has done extensive work in the area of wiretaps and electronic communication and has lectured in the area in seminars. We have two reported decisions, U.S. v. Staffeldt, where the court upheld suppression of the recordings because of the improper submission of the proof of authorization to the issuing judge, and State v. Salazar, where the court upheld suppression because the prosecutor did a terrible job on the application for the wiretap. We have also been successful in suppressing wiretaps on probable cause and necessity grounds in several cases.
In addition to filing motions to suppress in his own cases, Mr. Morgan has been a consultant or associated counsel helping other attorneys who need his expertise in this area. If you have a case involving a wiretap, whether as a defendant or an attorney, Mr. Morgan can provide you with the legal expertise to assist you with your case.
To learn more about his 9th Circuit Court of Appeals wiretap case, click here to read the opening brief.
When the government is trying to take a person's property for some criminal act it is called forfeiture. The most common form of forfeiture is when the government takes money, cars, bank accounts or homes from persons accused of drug offenses. When the government takes property for forfeiture it must give the person notice and allow them to try to get their property back. The person can go to court and show that the property should not be forfeited for a variety of reasons including that the property is owned by another person, the owner did not know that the property was being used for an illegal purpose, the property was illegally seized or the property was not used for any illegal purpose. Each case turns on its own facts and a skilled forfeiture lawyer can usually find a defense that may help to get a person's property back from the government.
When we take a case, we investigate the facts and circumstances that will assist the client's claim, file the notice of claim that is required for the owner to get his property back and engage in any necessary litigation. Some cases can be resolved by negotiation and others take extra time because the forfeiture proceedings are stopped (called a "stay") while criminal charges are pursued by the government against the client. Knowing the technical aspects of forfeiture can just as important as having a good case since filing the right papers or the wrong papers can result in either winning or losing a case.
Forfeiture involves complex legal issues that, without the right advice and assistance, can cause the unwary to lose their property. We have worked on cases that are as simple as getting a car back and so complex that years of litigation were required.
We understand the legal issues surrounding forfeiture cases and will work to get the best possible outcome for our clients.
Remember, when it comes to forfeiture, the government is not your friend and wants to confiscate your property. If you find yourself in this position, get good professional advice.
Cameron Morgan has represented numerous clients on a variety of drug related cases in both federal and state courts. Whether the case involves simply possession and a possible TASC diversion program or large conspiracy to distribute narcotics, Mr. Morgan can assist you.
Cameron Morgan has handled hundreds of DUI cases over his thirty years as being a criminal defense attorney. He has extensive trial experience in DUI cases and has successfully appealed numerous cases. He is currently challenging the legality of implied consent in DUI law, where the police tell arrested persons that they must take a blood test or lose there license for a year, in a series of case in the court of appeals, contending that the government cannot take a person's license for exercising their constitutional right to refuse a warrantless search under the 4th Amendment
We also give quality representation homicide and assault cases.
As a criminal defense attorney, Cameron Morgan serves to represent clients for fraud and theft issues. If you have any questions relating to these issues, we urge you to call our office and schedule a visit.
This office also represents clients for personal injury. We have currently have several personal injury cases and will represent anyone with a claim to a major personal injury or death relating to an accident including automobile. We do our best to get our client the a fair settlement, but if the insurance company won't be fair, we have the necessary trial experience to present the case to the jury.