POST-AUTHORIZATION PROBLEMS IN THE USE OF WIRETAPS MINIMIZATION, AMENDMENT, SEALING, AND INVENTORIES

• NCJ Number: 31795
• Journal: Cornell Law Review Volume: 61 Issue: 1 Dated: (NOVEMBER 1975) Pages: 92-156
• Author(s): A M LOW
• Date Published: 1975
• Length: 65 pages
• Corporate Author: Cornell University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF STANDARDS FOR THE EXECUTION OF WIRETAPS AND FOR THE CONDUCT OF GOVERNMENT AGENTS DURING ELECTRONIC SURVEILLANCE ACCORDING TO THE FOURTH AMENDMENT AND TO TITLE III OF THE OMNIBUS CRIME CONTROL ACT OF 1968.

Abstract

AGENTS SHOULD BE AWARE THAT THEY MUST CARRY OUT FOUR MAJOR POST-AUTHORIZATION DUTIES, AND THAT FAILURE IN ANY ONE OF THEM MAY RESULT IN SUPPRESSION OF PART OR ALL OF THE WIRETAP EVIDENCE. AGENTS MUST MINIMIZE INTERCEPTION OF NONPERTINENT CONVERSATIONS, AMEND THE EAVESDROPPING ORDER UNDER CERTAIN CIRCUMSTANCES, SEAL THE TAPES UPON TERMINATION OF THE TAP, AND CAUSE SERVICE OF A STATUTORY NOTICE UPON CERTAIN INDIVIDUALS. EACH OF THESE DUTIES SERVES TO PROTECT THE RIGHTS OF THE SUSPECTS AND OF THE GENERAL PUBLIC, BUT EACH PRESENTS LEGAL PITFALLS FOR THE CARELESS GOVERNMENT AGENT. (AUTHOR ABSTRACT)