NCJ Number
40258
Journal
St John's Law Review Volume: 51 Issue: 1 Dated: (FALL 1976) Pages: 41-98
Date Published
1976
Length
58 pages
Annotation
EXAMINATION OF FEDERAL WIRETAPPING LAW AS IT EXISTED IN 1968, RELATED CONSTITUTIONAL DEVELOPMENTS SINCE 1968, AND LEGAL AND PRACTICAL QUESTIONS PRECEDING OR ARISING FROM ENACTMENT OF TITLE III OF THE OMNIBUS CRIME CONTROL ACT.
Abstract
IN THE FIRST SECTION OF THE ARTICLE, U.S. SUPREME COURT CASE LAW RELATED TO THE USE OF WIRETAPS BY LAW ENFORCEMENT OFFICIALS, BOTH PRIOR AND SUBSEQUENT, TO THE PASSAGE OF TITLE III IS REVIEWED. THE INTENT OF CONGRESS TO PROTECT INDIVIDUAL PRIVACY WHILE PROVIDING AN EFFECTIVE LAW ENFORCEMENT TOOL IS ANALYZED AS ARE INTERPRETATIONS OF THIS CONGRESSIONAL INTENT BY STATE LAWS AND COURTS OF SEVERAL JURISDICTIONS. THE ISSUE ON CONSENT TO WIRETAPPING, AS ENVISIONED BY CONGRESS AND THE COURTS IS ALSO CONSIDERED. A COMPARISON OF INDIVIDUAL STATE APPROACHES TO CONSENSUAL ORAL AND WIRE COMMUNICATIONS INTERCEPTIONS IS PRESENTED. THE AUTHOR CONCLUDES THAT THE SCHEME THAT WOULD BENEFIT THE POLICE MOST WHILE AFFORDING MAXIMUM ALLOWABLE PROTECTION TO INDIVIDUAL PRIVACY RIGHTS IS ONE IN WHICH LEGISLATION WOULD RESTRICT THE USE OF INTERCEPTIONS TO INVESTIGATIONS OF CRIMINAL ACTIVITY WITHOUT REQUIRING COURT AUTHORIZATION....EB