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