CA8: In wiretaps, Fourth Amendment particularity satisfied by identifying phone number and nature of conversations

“‘[I]n the wiretap context, [the Fourth Amendment’s particularity] requirements are satisfied by identification of the telephone line to be tapped and the particular conversations to be seized.’ United States v. Donovan, 429 U.S. 413, 427 n.15, 97 S. Ct. 658, 50 L. Ed. 2d 652 (1977). [¶] Title III’s particularity requirements must be distinguished from the Fourth Amendment’s particularity requirements. Id. Dubose’s case brings this distinction into sharp relief. Dubose does not allege that law enforcement’s wiretap application violated Title III’s particularity mandates, but, rather, the Fourth Amendment’s.” Identification of one telephone and drug trafficking conversations satisfied the Fourth Amendment. United States v. Gaines, 639 F.3d 423 (8th Cir. 2011).*

Once defendant conceded that a third party with authority to consent permitted entry into the hotel room, the smell of narcotics was apparent to the officers, and, thus, a plain view. That supported a later search warrant. United States v. Bullard, 645 F.3d 237 (4th Cir. 2011).*