NCJ Number
130296
Date Published
1991
Length
23 pages
Annotation
Modern technology has resulted in the development of sophisticated devices that can be used in the electronic surveillance of criminal activities.
Abstract
Electronic surveillance of communications is pervasively regulated by Title III of the Omnibus Crime Control and Safe Streets Act of 1968. Title III distinguishes among wire, oral, and electronic communications. Electronic communications involve the transfer of signs, signals, images, data, or intelligence by means of wire, radio, or similar means. It includes such innovations as electronic mail, facsimile transmissions, and video teleconferences. Intercept is defined by the statute as the aural or other acquisition of the contents of any wire, electronic, or oral communication through electronic, mechanical, or other devices. Several exceptions to Title III have been created, and the process of applying for, obtaining, and serving a court order permitting otherwise prohibited intercepts is complex. Police officers serving a court order that authorizes the intercept of communications related to a specific offense may overhear communications about other offenses as well. The content of communications concerning nontarget offenses, however, may only be used in testimony under certain circumstances. Remedies for violating Title III are discussed as well as State statutes authorizing communication intercepts. Case materials are included.