Court rules against FBI eavesdropping

Cy Ryan and Jace Radke

Wednesday, Nov. 19, 2003 | 11:10 a.m.

CARSON CITY -- A federal appeals court Tuesday ruled against the FBI in its efforts to eavesdrop on private conversations through a new communication system installed in vehicles.

In a 2-1 decision, the 9th U.S. Circuit Court of Appeals overturned the decision of U.S. District Judge Lloyd George of Las Vegas, who allowed the FBI to use roving "bugging devices" in vehicles to gain information about criminal activity.

The decision was issued on a civil case involving Assistant U.S. Attorneys Eric Johnson and Kathleen Bliss. Both prosecutors were formerly assigned to the political corruption probe that relied heavily on wiretaps in indictments returned against current and former politicians charged with taking gifts and money from a strip club owner in exchange for political favors.

Clark County Commissioner Mary Kincaid-Chauncey and former commissioners Dario Herrera and Lance Malone were indicted in connection with the probe. Strip club owner Michael Galardi and former commissioner Erin Kenny have already pleaded guilty to charges in connection with the probe.

The civil case that generated the appeal is sealed, and it is not known whether it is tied to the ongoing political corruption probe. The case was filed in December 2001 and the Company's notice of appeal was filed in March 2002, according to court records.

Officials of the U.S. Attorney's Office this morning refused to comment, noting that the case was sealed.

According to the appeals court decision a firm called "the Company" places communication systems in new vehicles through which drivers can push a button in emergencies and ask for directions or roadside assistance.

If a customer's car is stolen, the Company can activate the device so that the conversations of those in the car can be monitored and they will not be aware of the eavesdropping.

The FBI secured court orders from George to order the Company to activate these devices so it can listen into the conversations of people suspected of criminal activity. The Company complied with the first 30-day order to allow the FBI use of its system, but did not comply with a second 30-day order, according to the appeals court decision.

The Company has submitted a motion to George to reconsider allowing the FBI to use the system, but that motion was denied causing the Company to appeal to the 9th Circuit.

The names of any people whose conversations were being monitored were not revealed.

Judge Marsha Berzon, who wrote the majority opinion for the appeals court, said the FBI eavesdropping interfered with the operation of the system. The court said the Company could not assist the FBI without disabling the system, and that violated the condition of a "minimum of interference requirement" in the law.

"In this case, FBI surveillance completely disabled the monitored car's system," the ruling stated.

Judge Richard Tallman dissented, saying the majority opinion creates "a wide-ranging form of protection for the legitimate targets of government surveillance."