Federal Wire Taps

Prior to obtaining judicial authorization for a wire tap, the government must adhere to the procedural steps contained in 18 U.S.C. § 2510.  The government must state:

  1. the phone number to be intercepted;
  2. the phone number’s subscriber;
  3. the names of the interceptees;
  4. that there is probable cause to believe that the named interceptees are committing, have committed, or are about to commit an offense listed in U.S.C §2516 and;
  5. which qualifying federal law is possibly being violated

The government must submit an affidavit in support of the application explaining with specificity why the wiretap is necessary.  The government must explain what normal techniques have been attempted and that those techniques have failed.  The government must also explain why normal techniques appear unlikely to succeed or are too dangerous.  Normal techniques consist of the following:

  1. standard visual and aural surveillance;
  2. questioning and interrogating of witnesses and participants, including the use of grand juries and grants of immunity, if necessary
  3. search warrants; and
  4. infiltration of conspiratorial groups by undercover agents or informants

If the Court finds that the statutory prerequisites have been met, an order will be issued authorizing the wire tap for a period of thirty days.

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