NCJ Number
105579
Journal
FBI Law Enforcement Bulletin Volume: 56 Issue: 6 Dated: (June 1987) Pages: 21-30
Date Published
1987
Length
10 pages
Annotation
This article examines factors in the 'Scott' test, which prescribes criteria for 'minimization' in electronic surveillance, the interception of conversations involving unrelated criminal activity, and the consequences of a judicial finding of inadequate minimization; the article suggests procedures for ensuring compliance with minimization requirements.
Abstract
'Minimization' refers to reasonable efforts to avoid seizing nonpertinent conversations which have no evidentiary or investigative value in a court-authorized electronic surveillance. In United States v. Scott (1978), the U.S. Supreme Court determined that to be lawful, minimization efforts must be reasonable as measured by the facts and circumstances of each case at the time of the interception. Factors pertaining to the minimization test are the nature and scope of the criminal activity being investigated; the use of ambiguous, guarded, coded, or foreign language; the location and use of the phone or facility; and the expectation of the contents of the intercepted conversation. Other factors are the extent of judicial supervision of the electronic surveillance, the absence of interception of privileged communications, and the good faith of the monitoring officers. Overall, minimization requires a reasonable effort by the monitoring officer to minimize the interception of innocent calls and conversations under the then existing circumstances. The suggested recommendations should maximize the objective reasonableness of surveillance efforts. 56 footnotes.