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NCJRS Abstract

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NCJ Number: 119173 Find in a Library
Title: "Reel" Evidence
Journal: Criminal Justice  Volume:4  Issue:2  Dated:(Summer 1989)  Pages:9-10,38-41
Author(s): J S Feld
Date Published: 1989
Page Count: 6
Type: Report (Technical)
Format: Article
Language: English
Country: United States of America
Annotation: In order to assure the admission and proper use of wiretap evidence at trial, the basic requirements for the authorization of electronic interceptions must be known.
Abstract: The Federal statutory requirements for authorization and implementation of a wiretap are set forth in Title III of the Omnibus Crime Control and Safe Streets Act of 1968 and codified in Title 18, Sections 2516 and 2518, of the United States Code. Interception is permitted for crimes including, among others, treason, narcotics trafficking, wire fraud, and money laundering. In order to review an interception request, the court must be presented with a memorandum from the Justice Department, an authorization letter from the Attorney General, and an affidavit showing sufficient evidence to establish probable cause. If these steps are not followed, there are three bases for suppression of wiretapped conversations: (1) the communication was unlawfully intercepted; (2) the order of authorization or approval was insufficient; and (3) the interception was not made in conformity with the order of authorization or approval. The minimization requirement is designed to assure that an effort is made to minimize the number of nonpertinent calls that are intercepted. Transcripts of tape-recorded conversations are useful in trial during cross examination and closing argument.
Main Term(s): Omnibus Crime Control and Safe Streets Act
Index Term(s): Electronic monitoring of offenders; Electronic surveillance
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