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Lawyers for suspected gang leader Brian Kenneth Hicks filed a motion Monday to dismiss his federal drug-dealing conspiracy charges and to suppress information obtained from wiretapped telephone calls. The motion says that the information used to file federal charges against him can’t be used because it was obtained by an administrative subpoena to cellphone companies.
Unlike the U.S. Constitution, the Colorado Constitution requires investigators to obtain a warrant supported by probable cause. The motion says wiretap orders generated in a state investigation must comply with both state and federal law even if state law requires more than federal law to obtain the information.
Felisa Cardona, The Denver Post
