Prosecutor to appeal ruling on office's wiretap practices

Prosecutor to appeal ruling on office's wiretap practices
Posted at 10:34 AM, Sep 15, 2017
and last updated 2017-09-15 13:35:06-04

Maricopa County Attorney Bill Montgomery will appeal a federal court's ruling that his office's wiretapping authorization practices don't follow federal law.

Montgomery says he'll ask the U.S. Supreme Court to review the 9th U.S. Circuit Court of Appeals ruling. It found that Montgomery did not personally review and approve electronic-surveillance warrants as required and instead relied on a state law that is less restrictive.

The ruling said Montgomery's subordinates handled the approval process, and that the wiretaps were then authorized by a judge after prosecutors presented evidence showing probable cause.

Montgomery's announcement of his planned appeal says the 9th Circuit denied his office's motion for reconsideration of the ruling.

The ruling was issued in a civil lawsuit by a woman who claimed her privacy was violated during a drug investigation.