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NCJ Number: 31670 Find in a Library
Title: MOTION TO SUPPRESS IN A WIRETAP CASE - AN END TO THIS 'DIRTY' BUSINESS
Journal: NATIONAL JOURNAL OF CRIMINAL DEFENSE  Volume:1  Issue:1  Dated:(SPRING 1975)  Pages:49-109
Author(s): O B GOODMAN
Corporate Author: National College of Criminal Defense Lawyers and Public Defenders
College of Law
University of Houston
United State
Date Published: 1975
Page Count: 61
Sponsoring Agency: National College of Criminal Defense Lawyers and Public Defenders
Houston, TX 77004
Format: Article
Language: English
Country: United States of America
Annotation: SUGGESTED BASIC PROCEDURES FOR THE DEFENSE OF MATTERS INVOLVING ELECTRONIC SURVEILLANCE, PLUS CONSIDERATION OF RELATED DEFENSE PROBLEMS.
Abstract: DEFENSE STEPS OUTLINED INCLUDE PREPARATION OF A PROTECTIVE OR 'SEALING' ORDER TO PROHIBIT THE DISSEMINATION OF THE CONTENT OF TAPED CONVERSATIONS OR TRANSCRIPTS THEREOF AND FAMILIARIZATION WITH THE 'WIRETAP STATUTE' (TITLE THREE OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968). SEVERAL POSSIBLE CONSTITUTIONAL CHALLENGES TO THE STATUTE UNDER THE FIRST, FOURTH, FIFTH, AND SIXTH AMENDMENTS ARE ALSO SUGGESTED. IN ADDITION, OTHER VULNERABLE POINTS OF THE WIRETAP STATUTE ARE EXAMINED - POSSIBLE VIOLATIONS OF THE REQUIREMENTS FOR WIRETAP AUTHORIZATION; FAILURE TO EXHAUST OTHER MEANS OF OBTAINING EVIDENCE; IMPROPER CONDUCT OF THE INTERCEPTION; AND FAILURE TO SHOW PROBABLE CAUSE AS TO THE COMMISSION OF AN OFFENSE. SUGGESTIONS FOR DEALING WITH RECURRING PROBLEMS AND SITUATIONS INVOLVING CONFRONTATION OF GOVERNMENT WITNESSES, WITNESSES BEFORE THE GRAND JURY, HARASSMENT OF THE DEFENDANT, STANDING, STATE STATUTORY STANDARDS WHICH DIFFER FROM THE FEDERAL STATUTE, AND TIMING OF THE MOTION TO SUPPRESS. THE BULK OF THIS DOCUMENT CONSISTS OF A 49-PAGE APPENDIX CONTAINING COPIES OF AN ACTUAL MOTION TO SUPPRESS, AND DISMISS THE STATEMENT OF FACTS RE THE MOTION, THE MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF THE MOTION, AND THE AFFIDAVIT OF SERVICE BY MAILING.
Index Term(s): Defense; Defense counsel; Defense preparation; Electronic surveillance; Exclusionary rule; Judicial decisions; Procedure manuals
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=31670

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