mandela's fourth amendment protections to create a title three necessity where none existed through multiple layers of evidence information and documentation tipped in knew there was only one other person involved and he either knew exactly who that person was or he chose to ignore the information in order to be able to claim that he did not know who that person was based on f b i surveillance covert track records telephone you know all fashion search by people why is why should why isn't probable cause and now for any kind of search well judge i think when title three was created congress well i think it's the privacy interest in the individual judge i think it's that we're revealing work where the government is capturing an individual spots yes the earliest when they go in and search a person's house and  they find out a lot of private stuff will certainly judge they'll grab contraband they'll seize contraband the seize drugs and guns and whatever else might be in there and records but they won't take the person's words in this instance they take the person's thoughts and words and actions  everything is taped the actions are taped of the words coming out of the individual's mouth so i think perhaps congress in ten and there to be a greater degree of privacy for the words that come out of her mouth which are which are you know the person's innermost thoughts so to best i can answer that question i think that that's the reason it's it's something it's a greater intrusion into a person's thought process rather than simply contraband found in a person's home ok next thank you george all these records all these layers of evidence your honor pointed to only one person and that person was gary angle and that was known to agent tipton in the f b i weeks in advance of tipton submitting his affidavit but there was more going on there was in there because even though it seems obvious using hindsight didn't mandela also have substantial contacts with other criminals as well as other known criminals teach a judge and so that brings us to george michael the informant in this case george michael's real state office was completely wired by the f b i from the video and audio means he was recording conversations consensually in meetings and it's telephone conferences not just with mandela but with persons who are affiliated with the grand information back to the f b i and the i r s the same prosecutors who were on the a case case they were gathering the same amount of information but judge william steed the important thing i think about that particular evidence is the government's evidence from george michael all those tape recordings ruled out everybody else they had to eat they had daily debriefings from steve mandela's mouth from her nose mouth from venus mouth hearing what was going on the criminal activities were being planned and none of those other people could be tied in the end with respect to the planning of the koran and campbell abductions extortions and murders so that's the reason why for instance the government propped up albert the you know in the district court he supposedly that the  boss of the grand avenue croup and basically mandela clearly would not give the c i who was accomplished was he did not provide that identity we can see that but that's besides the point because the tapes themselves rule right guilty at trial i don't think so just because first of all the government had a vast amount of conversations that mandela had on tape so they could use that evidence against him but the government wants to argue that well we needed up against against angle as well but that's really proved already because it was typical santiago proper judge it was a conspiracy case these were charged conspiracy counts through assigning a proper and in federal of evidence it a one to two to two  are not even mentioned on a tape or disc are captured on a tape or discussed on a tape in that evidence is admissible against them so the government had vast amount of information here they wanted the court to ignore it but they didn't want to protocol or to provide it and  think one of the clearest pictures of this judge was fifteen days before chipped in the affidavit another agent troutman is speaking with the account manager culver track basically said in an email we are getting wire taps on the subjects subjects plural and the only two people identified in the documentation that was provided by covert track mandela and angle and they had a complete history of the tracking which showed over a hundred times that angle had tracked mrs  also had f b i surveillance on it the numbers get back to the covert track things for one moment tipton provided all their covert track information to judge holderman about mandela and completely nor that information as it relates to angle even though he had that information in hand if the time they totally eliminated that they also limited any reference to the fact that many man dell met with angle on october five twenty twelve shortly before you know the affidavit was october eighteenth have the entire history of the government to say well to you guys aren't considering the history that mandela had with someone named o'keefe well the fact of the matter is the history mandela had with o'keeffe which the government now thinks is important they didn't think was important when angle was to being discussed of course but that get didn't include that the surveillance of mandela meeting with o'keefe was made on meeting with with with angle it didn't include the it didn't include any of the two hundred plus telephone contact between mandela and angle why would it made more sense to punish the police or prosecutors or whoever violated his fourth amendment rights rather than give him a new trial his guilt as this will judge the government thinks that evidence is it creates a standard of overwhelming us i think has to say that he shouldn't be entitled this but that's the defendant is served position bill what about it mary let any kind of criminal go free if the government and says appoint cardoza many many years ago in criminal shall go free because the itself has had cases where convictions have been reversed in vacated where search warrant affidavits have proven have material missions or have fabricated representations and those and those people are no different than mr mendell they've been found guilty beyond a reasonable doubt the evidence in those cases in the court has indicated has been strong you know matthew case now the harris case so there really is no difference it's a standard that's all it is and i think doesn't make any sense lars i will judge of course amendment and the fourth amendment what was the fourth amendment said well judge a fourth amendment of ours on reasonable searches and seizures and congress has set up the title three said wiretap statute such that the fourth amendment is respected so that it's consistent say that it doesn't say that someone gets with its fourth amendment rights are violated as the fourth but the title three wiretaps actually judges she says that evidence must be barred that evidence must be suppressed where the agent does not give a full and complete statement of all the intercept teats where information is omitted it must be barred and it so at most one could say that angle was a suspect in the koran to plot but there was no indication that angle was the unidentified accomplice in the steven campbell plot which was affidavit seeking authorization with regard to the campbell plot and once again your brief mention several other criminals who could have been mandela's confederate white in the affidavit lists all or some of them as likely suspects to give the  you know for the same reason angle was not in the affidavit this is a different subject defense and they were tied if at all just ten generally to the current applied even had that information of course reports that were turned over and the timing of them they were turned over after trial rather than before trial right i did the full reports had been turned over after trial after mandela had filed a pro se motion regarding the the gun and so on and in his per se motion mendell had attempted to link the gun to james marcello who was a chicago outfit figure he did so i think because the original owner of the gun individual a in our brief her name was maher syllable it was spelled differently  but he claimed a link to the two so in trying to you know meet our discovery obligations in that to be completely forthcoming the government turned over those two iris records that showed that indeed individual a was not linked to james marcello course that led to other litigation involving the gun but the district court correctly found that the information as iris reports about an individual i just would like to make a quick point about this the subject offenses being separate is the government's urging the court to adopt here and i would refer the court to the affidavit itself i mean there's detailed allegations about the stephen campbell plot and the koran to plot but basically sickly they involve the same modus operandi which is a kidnapping and extortion and a murder and each court and the judge the government wants to draw a distinction but there isn't one because both of those victims were supposed to have been taken to club med and divine ave that's what the c i michael told agent tipton it's reduced to a report and then even in tippins affidavit to judge holderman he writes the victims plural including stephen campbell will be taken to club med and we've identified that the bates stamp in the citation in our brief judge there were blended allegations here between the karata and campbell matters the allegations all were presented by the  murder extortion and murder there was absolutely no conceptual separation between the subject offenses at all in the only other point i would ask to make as mr phillips and misstated i believe when he said the full reports were provided to the defense after trial in