- 43 - any person whose wire, oral, or electronic communication is intercepted, disclosed, or intentionally used in violation of Title III. It is unnecessary in the instant cases for us to follow the above cases and to decide that, as a matter of law, the statutory suppression rule set forth in 18 U.S.C. section 2515 is never applicable as a sanction for violation of section 2517. To decide these cases, it is only necessary to conclude, as we do, that the facts and circumstances are such that suppression is not an appropriate remedy. The same approach was taken in Fleming v. United States, 547 F.2d 872 (5th Cir. 1977). See Spatafore v. United States, 752 F.2d 415, 417-418 (9th Cir. 1985); Griffin v. United States, 588 F.2d 521, 524-526 (5th Cir. 1979); Estate of Best v. Commissioner, 76 T.C. 122, 141-142 (1981). In these cases, like Fleming v. United States, supra, the subject communications were lawfully intercepted during a duly authorized wiretap, and the court orders authorizing or approving the original interception and its extension were sought in good faith and not as subterfuge. In fact, Mr. London's jury conviction of conspiring to conduct and actually conducting the affairs of an enterprise through aPage: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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