NCJ Number
119265
Date Published
1988
Length
53 pages
Annotation
This chapter discusses provisions related to obtaining evidence enacted by the Federal Comprehensive Crime Control Act of 1984 (CCCA) and the Electronic Communications Privacy Act of 1986.
Abstract
In order to facilitate gathering evidence in foreign countries, the CCCA establishes criteria for the admissibility of foreign business records as evidence and includes the definition of terms and procedures for authentication as well as serving notice of opposition to a Federal request for criminal evidence. Additional legislative changes to facilitate obtaining evidence abroad include procedures for taking depositions, suspending the running of the statute of limitations for the offense, and suspension of Speedy Trial Act provisions. The CCCA also revised wiretap provisions to include offenses such as wire, radio or television fraud and the sexual exploitation of children among those that can be made the subject of eavesdropping applications and orders. The legislation identifies those empowered to authorize eavesdropping and the grounds for emergency eavesdropping. The provisions of the Electronic Communications Privacy Act of 1986 are discussed in detail and include modes of electronic transmission subject to protection under the statute. 441 footnotes.