NCJ Number
86469
Date Published
1978
Length
208 pages
Annotation
This report examines the desirability of a State wiretapping law, with attention to existing State and Federal laws, constitutional limitations, and the effectiveness of wiretapping in combating crime. It also proposes a model statute for Hawaii.
Abstract
A review of constitutional limitations on wiretapping covers pertinent Supreme Court decisions, search and seizure laws, and problems in applying the requirements of search and seizure to wiretapping. The report then examines the Federal wiretape statute, detailing provisions that States must include in their laws to comply with the Federal law, as well as areas where they may depart from its format and substance. A survey of wiretap statutes enacted by 23 States and the District of Columbia focuses on their similarities and differences compared to the Federal law. Data from Federal and State agencies indicate that wiretapping is most effective against gambling, narcotics, and organized crime activities. Finally, the report proposes a model statute that is similar to the Federal law but includes more safeguards against unwarranted invasions of privacy. Significant differences are the complete prohibition of court-ordered bugging, the use of an appointed attorney to oppose the wiretap application, limiting wiretap orders to very serious crimes or those involving organized crime, rigorous disclosure requirements, and a sunset provision. The few changes made in the model statute before it was enacted in 1978 are included. The texts of the model and Federal wiretap statutes and a paper describing the state of the art of electronic surveillance are appended. Footnotes accompany individual chapters.