IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

UNITED STATES OF AMERICA )

)

v. ) NO. 1:94-CR-078

)

xxxxxxxxxxxxxxxxxx )

______________________________)

MOTION FOR DISCLOSURE OF ELECTRONIC

SURVEILLANCE AND FOR DISCOVERY OF

MATERIALS REGARDING SUCH SURVEILLANCE

The defendant moves the Court to order the Government to disclose the following:

1. Whether electronic or mechanical devices, including pen registers and beepers, were utilized in the investigation of this defendant or this case.

2. Whether the defendant's oral, wire, or electronic communications were intercepted pursuant to a court order. Title 18 U.S.C. §2518.

3. Whether the defendant's oral, wire, or electronic communications were intercepted with the consent of Government agents, informers, or any other person. Title 18 U.S.C. §2511(2)(c) and (d).

4. All pen register and Title III materials, including original tapes, transcripts, logs court orders authorizing or approving surveillance and extensions thereof, applications, periodic reports, and sealing orders.

5. All consensual tape recording of the defendant, as well as the dates, times, and durations of all telephone calls placed by law enforcement agents or informers (telephone logs). If such telephone logs are unavailable, the Government should account for their whereabouts and provide the defendant with a written explanation of the same. United States v. Konefal, 566 F.Supp. 698, 707-8 (N.D.N.Y. 1983).

This ___ day of April, 1994.

Respectfully submitted,

________________________________

SANDRA MICHAELS

ATTORNEY FOR

STATE BAR NO. 504014

Federal Defender Program, Inc.

Suite 3512, 101 Marietta Tower

Atlanta, Georgia 30303

(404) 688-7530

CERTIFICATE OF SERVICE

This is to certify that I have this day served a copy of the foregoing Motion for Disclosure of Electronic Surveillance and for Discovery of Materials Regarding Such Surveillance upon:

James Harper

Assistant United States Attorney

1800 Richard B. Russell Building

75 Spring Street, S. W.

Atlanta, Georgia 30335

by hand delivering a copy of the same.

This _____ day of April, 1994.

_______________________________

SANDRA MICHAELS

ATTORNEY FOR

STATE BAR NO. 504014

C:\wwwfpd\electron.wpd