NCJ Number
31670
Journal
National Journal of Criminal Defense Volume: 1 Issue: 1 Dated: (SPRING 1975) Pages: 49-109
Date Published
1975
Length
61 pages
Annotation
SUGGESTED BASIC PROCEDURES FOR THE DEFENSE OF MATTERS INVOLVING ELECTRONIC SURVEILLANCE, PLUS CONSIDERATION OF RELATED DEFENSE PROBLEMS.
Abstract
DEFENSE STEPS OUTLINED INCLUDE PREPARATION OF A PROTECTIVE OR 'SEALING' ORDER TO PROHIBIT THE DISSEMINATION OF THE CONTENT OF TAPED CONVERSATIONS OR TRANSCRIPTS THEREOF AND FAMILIARIZATION WITH THE 'WIRETAP STATUTE' (TITLE THREE OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968). SEVERAL POSSIBLE CONSTITUTIONAL CHALLENGES TO THE STATUTE UNDER THE FIRST, FOURTH, FIFTH, AND SIXTH AMENDMENTS ARE ALSO SUGGESTED. IN ADDITION, OTHER VULNERABLE POINTS OF THE WIRETAP STATUTE ARE EXAMINED - POSSIBLE VIOLATIONS OF THE REQUIREMENTS FOR WIRETAP AUTHORIZATION; FAILURE TO EXHAUST OTHER MEANS OF OBTAINING EVIDENCE; IMPROPER CONDUCT OF THE INTERCEPTION; AND FAILURE TO SHOW PROBABLE CAUSE AS TO THE COMMISSION OF AN OFFENSE. SUGGESTIONS FOR DEALING WITH RECURRING PROBLEMS AND SITUATIONS INVOLVING CONFRONTATION OF GOVERNMENT WITNESSES, WITNESSES BEFORE THE GRAND JURY, HARASSMENT OF THE DEFENDANT, STANDING, STATE STATUTORY STANDARDS WHICH DIFFER FROM THE FEDERAL STATUTE, AND TIMING OF THE MOTION TO SUPPRESS. THE BULK OF THIS DOCUMENT CONSISTS OF A 49-PAGE APPENDIX CONTAINING COPIES OF AN ACTUAL MOTION TO SUPPRESS, AND DISMISS THE STATEMENT OF FACTS RE THE MOTION, THE MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF THE MOTION, AND THE AFFIDAVIT OF SERVICE BY MAILING.