NCJ Number
45142
Editor(s)
G R BLAKEY,
R GOLDSTOCK
Date Published
1977
Length
504 pages
Annotation
THE VIEW OF A PROSECUTOR AND THAT OF A DEFENSE COUNSEL ON THE GATHERING OF INFORMATION THROUGH WIRETAP AND OTHER COVERT ELECTRONIC MEANS AND THE USE OF SUCH EVIDENCE IN COURT PROCEEDING ARE PRESENTED.
Abstract
FOR A PROSECUTOR, WIRETAPPING IS ONE METHOD OF UNCOVERING EVIDENCE AGAINST A SUSPECTED CRIMINAL, OR IT MAY SERVE TO PREDICATE ADDITIONAL EVIDENCE ALREADY UNCOVERED; IT IS ALSO A MEANS OF IDENTIFYING AN UNKNOWN PARTY, AND OF INVESTIGATING CRIMINAL CONSPIRACIES. THE OBJECTIVE-CENTERED APPROACH OF TITLE III, A FEDERAL STATUTE THAT SETS MINIMUM STANDARDS TO BE MET BY STATE STATUTES, IS DISCUSSED IN TERMS OF ITS APPLICATON AND LIMITATIONS. THE BASIC RULES FOR OBTAINING PERMISSION FOR A WIRETAP ARE EXAMINED WITH ATTENTION TO PROSECUTORIAL DISCRETION, THE USE OF A TAP AS A LAST RESORT MEASURE ONLY, PROBABLE CAUSE, ADVICE ON THE 'IF KNOWN' PROBLEM AS IT RELATES TO PROBABLE CAUSE, DISCLOSURE OF PREVIOUS WIRETAPS IN APPLICATIONS FOR ADDITIONAL TAPS, AND THE LENGTH OF THE TAP. PROCEDURES FOR EXECUTING THE SURVEILLANCE ARE REVIEWED; THE PROBLEMS OF SEALING THE ACTUAL REELS OF TAPE GARNERED BY WAY OF A TAP AND OF GIVING NOTICE -- WHEN TO GIVE IT AND FAILURE OF NOTICE AS GROUNDS FOR SUPPRESSION -- ARE DISCUSSED. THE PROBLEMS OF MINIMIZATION OF TARGET INFORMATION AND OF STATUTE AMENDMENT ARE ALSO EXAMINED. DISCUSSION OF THE DEFENSE VIEW OF ELECTRONIC SURVEILLANCE IS BROKEN DOWN INTO FIVE STAGES: PREINDICTMENT, INDICTMENT PRETRIAL, MOTION TO SUPPRESS, THE CASE AT TRIAL, AND THE FUTURE OUTLOOK REGARDING PROSECUTORIAL USE OF WIRETAPS. THE MAJOR EMPHASIS, HOWEVER, IS ON SUPPRESSION WITH ASPECTS OF AUTHORIZATION; MINIMIZATION; AMENDMENTS TO WARRANTS; THE SEALING OF INDIVIDUAL TAPES; ILLEGAL ENTRY; THE ROLE OF BACKGROUND CONVERSATIONS; PRIVILEGED COMMUNICATION; AND QUESTIONS OF SUBPOENAS, APPEALS, PLEA BARGAINING, AND DUAL RECORDERS. THE BULK OF THE VOLUME IS DEVOTED TO APPENDIXES CONTAINING SUPPORTIVE INFORMATION REGARDING CONSENSUAL ELECTRONIC SURVEILLANCE, SPECIALIZED FORMS OF ELECTRONIC SURVEILLANCE (TRACKING DEVICES, PEN REGISTERS AND IN-PROGRESS TRACES) AND COURT-ORDERED SURVEILLANCE, INCLUDING SAMPLE PROCEDURES FOR COURT AUTHORIZATION OF SURVEILLANCE. ELECTRONIC SURVEILLANCE AT THE ADJUDICATIVE STAGE, WITH REGARD TO FEDERAL PRIVILEGE IN THE GRAND JURY, SUPPRESSION FOR NONCOMPLIANCE WITH TITLE III, SUPPRESSION HEARINGS, AND ISSUES AT TRIAL, ARE ALSO COVERED. TABLES OF CASES, STATUTES, AND AUTHORITIES ARE PROVIDED. (KBL)