Case 2:08-cr-20105-CM-JPO Document 39 Filed 10/22/2008 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRIC OF KANSAS

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BY ~nn DEPUTY
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UNITEDSTATES OF AMERICA

Plaintiff,

V. Case No. 08-201OS-01/02/JWL/JOP

Guy M. Neighbors

&

Carrie M. Neighbors

Defendant.

MEMORANDUM OF LAW IN SUPPORT OF MOTION

FOR DISCOVERY OF ELECTRIC SURVEILLANCE

The above- named defendant's pursuant to the provisions of the Fourth Amendment to the

Constitutions ofthe United States and to rule 4 and 12 ofthe Federal Rules of Criminal

Procedures, files Discovery of Electronic Surveillance.

The Defendant, respectfully moves this Honorable Court for an order directing the attorney for

the government to provide to Defendants and the defendants attorney's the following

requested information relating to electronic surveillance as follows:

I.

A. A copy of all transcripts, logs, tapes, recordings, including constant recordings,

memoranda, notes and all other documents reflecting or relating to conversations

between any co-defendants or alleged co- conspirator and any other person which was

I
Case 2:08-cr-20105-CM-JPO Document 39 Filed 10/22/2008 Page 2 of 4

overheard by the government, or any persons acting on its behest, either in person or

through the use of wiretap, transmitting device, Nagra, T-4, or any other electric or

mechanical means including and LAN, or WAN, phone lines or any wireless

communication interception.

B. A copy of all notes, logs, transcripts, memoranda, tapes or other recordings,

photographs, undeveloped films taken during the investigation of this case or during any

surveillance of Defendant, or any co-defendant, or alleged co-conspirators, by any

Nagra, T-4, mechanical or electronical means or otherwise.

II.

A. Any electronic eavesdropping device installed by or at the direction of agents of the

federal, state or local government, which was utilized to eavesdrop upon defendant,

co-defendant or co-conspirators, which occurred at a place, or through a facility

leased or owned by the defendant, co-defendants or co- conspirators in which the

defendants, co- defendants or co- conspirators was present or had a proprietary

interest, or any reasonable expectation of privacy, state;

1. The date of installation of each such devices;

2. The names and addresses of each person who installed such devices;

3. The authority pursuant to which said devices was installed;

4. The names and addressed of each person who authorized such installations;

5. The location of each devices;

6. The date of each such eavesdropping;

7. The name and address of those monitoring such an eavesdropping conversation

and whether a recording was made of such conversation and if so, by whom and

what authority;

8. The type of memorandum or document which was made in connection with

each such eavesdropping;

9. The date of removal of each such devices and the names and address of such

persons as to who removed such devices.

2
Case 2:08-cr-20105-CM-JPO Document 39 Filed 10/22/2008 Page 3 of 4

B. The contents of all statements and conversations overheard or recorded

electronically, and memoranda, transcripts, notes and logs prepared in connection

therewith.

The defendant's need to know is substantial in light ofthe timeline requirement of

18 U.S.C 2518 (10), (A); Rule 4 and 12 federal Rules of Criminal Procedure; United

States v. Rosenberg, 299F. Supp. 1241 (S.D.N.Y) (1969); U.S.v. Feinberg, 502F. 2d

1180 (7th cir. 1974), cert. denied 420 U. S. 926, 95 S. Ct. 1122,43 L. Ed. 2d 396 (1975)

Surveillance as to which petitioner has a standing to object should be turned over

to him without being screened in camera by the trial judge. U.S. v. Butenko, 494 F.2d

593 (3d Cir. 1974) The government is required to produce and turn over to the

defendant any transcripts of conversations of defendants by means of electronic

surveillance or any type. U. S. v. Sink, 56 F. R. 0.365 (E. D. Pa. 1972)

Some courts have held that the "bare claim" itself is legally sufficient to require an

affirmative or negative response from the government. U. S. v. Vielguth, 502 F. 2d

th
1257 (9 Cir. 1974), In re Evans, 452 F. 2d 1239 (D.C. Cir. 1971).

Interception of conversation by means of electronic surveillance is governed by

the Fourth Amendment to the Constitution ofthe United States. Katz v. U.S. 347, 88

S. Ct. 507, 19 L. Ed, 2d. 576 (1967). The rights of a defendant in a criminal case to

inspect government record of allegedly illegal electronics surveillance is limited to

the transcripts ofthe defendant's own conversation and ofthose which took place

on his premises. Aldreman v. U. S. 394 U. S. 165, 89 S. Ct. 961, 22 L. Ed. 2d 176

(1969)

Furthermore, the "due process" clause would require disclosure and

production by the United States Attorney of all such favorable evidence to the

defendant under Brady v. Maryland, 373 U. S. 83 83 S. Ct. 1194, 10 L. Ed. 2d. 215

(1963) and the subject of electronic surveillance may not be appraised of sufficient

facts to challenge the same unless disclosure is made.

Defendant further request that if the government now has or hereafter

comes to have any reason to believe that any federal, state or local governmental
Case 2:08-cr-20105-CM-JPO Document 39 Filed 10/22/2008 Page 4 of 4

agency has maintained or is maintaining electronic surveillance wherein

Defendant's, co- defendants or co- conspirators conversations were overheard, or

where premised leased by him/her, owned by him/her, or in which he or she has any

proprietary interest, or reasonable expectation of privacy were subject to electronic

surveillance, that the government will notify Defendant and defendants attorney at

once and in writing to explain its reason for so believing this. Defendant urges each

of the foregoing specific requests as a separate, severable and independent request.

WHEREFORE, defendant prays this Honorable Court will grant this motion for

Discovery of Electronic Surveillance

Respectfully Submitted,

Oct. zo", 2008

Yellow House Store

1904 Mass. Lawrence

66047