Criminal Procedure: Search & Seizure: Wiretapping/Eavesdropping

Wiretapping/Eavesdropping
  • All wiretapping/eavesdropping requires a warrant
  • EXCEPTION: the unreliable ear: Everyone in society assumes the risk that the person to whom he is speaking will consent to the government monitoring the conversation or will be wired.
Wiretapping is permissible:
  • after the issuance of a warrant
    • Probable cause shown that a crime has been or is being committed
    • Warrant must name target and describe the conversation
    • Warrant must be valid for only a brief moment