NCJ Number
48422
Date Published
1978
Length
41 pages
Annotation
STANDARDS RELATING TO ELECTRONIC SURVEILLANCE ARE PRESENTED, WITH ATTENTION TO SUCH ISSUES AS SANCTIONS, FOREIGN INTELLIGENCE, RECORDING, AND CONSENT.
Abstract
THE GENERAL PRINCIPLES UNDERLYING THE OBJECTIVES OF THE STANDARDS, THE PROHIBITIONS REGARDING THE USE OF ELECTRONIC SURVEILLANCE, AND THE EXCEPTIONS TO THESE PROHIBITIONS ARE CONSIDERED. THE CRIMINAL, CIVIL, AND EVIDENTIARY SANCTIONS ARE DETAILED, WITH EMPHASIS ON PENALTY, SCOPE, DEFENSE, AND SUPPRESSION. REGARDING CRIMINAL SANCTIONS, SPECIFIC LEGISLATIVE PROVISIONS ARE SUGGESTED. SURVEILLANCE RELATING TO FOREIGN INTELLIGENCE ACTIVITIES IS DETAILED IN STANDARDS FOR COUNTERINTELLIGENCE, SUPERVISION, USE, AND DISCLOSURE. SEPARATE STANDARDS FOR HEARING OR RECORDING BOTH WITH AND WITHOUT CONSENT ARE PROVIDED, INCLUDING PROVISIONS RELATING TO JUDICIAL ORDERS, THE AUTHORIZED APPLICATION OF SURVEILLANCE TECHNIQUES, EMERGENCY SURVEILLANCE, THE CONTENTS OF APPLICATIONS FOR SURVEILLANCE ORDERS, PROBABLE CAUSE, DESIGNATED OFFENSES, OTHER OFFENSES, JUDICIAL DISCRETION AND DETERMINATION, EXTENSIONS, PRIVILEGED COMMUNICATIONS, CUSTODY, DESTRUCTION, AUTHENTICITY, RETURN, SEALING, INVENTORY, POSTPONEMENT, DISCLOSURE AND USE, JUDICIAL REPORTS, AND ADMINISTRATIVE REGULATIONS. THE HISTORY OF EACH STANDARD AND THE SCOPE OF RELATED STANDARDS ARE BRIEFLY NOTED AND THE DEPTH, FUNCTION, AND APPLICATION OF EACH STANDARD ARE DISCUSSED. A CLASSIFICATION OF STATE LAWS RELATING TO ELECTRONIC SURVEILLANCE AND A COMPARISON WITH FEDERAL LAWS OF STATE STATUTES AUTHORIZING COURT-ORDERED SURVEILLANCE ARE APPENDED. RELEVANT JUDICIAL DECISIONS ARE FOOTNOTED AND SELECTED REFERENCES, INCLUDING BOOKS, LAW REVIEW ARTICLES, AND LEGISLATIVE MATERIALS, ARE PROVIDED. (JSP)