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Law of Electronic Surveillance, Second Edition

NCJ Number
102032
Author(s)
J G Carr
Date Published
1986
Annotation
This text examines legal issues in and constraints on electronic surveillance (ES) (wiretapping, bugging, and consent surveillance) in relation to the provisions of Title III of the Omnibus Crime Control and Safe Streets Act of 1968.
Abstract
Following a review of the objectives and methods of ES and legal developments prior to 1968, the legislative history of Title III is examined. An examination of constitutional issues and case law covers privacy rights, conditions for search and seizure, free speech, privilege against self-incrimination, the right to confront, and the right to counsel as they relate to the Title's provisions. The legal framework and practical aspects of ES that may be conducted without a court order are discussed, including surveillance conducted in the normal course of business or police duty, interspousal and intrafamilial surveillance, and surveillance by telephone companies and the Federal Communications Commission. Statutory requirements for ES applications and orders then are delineated; special requirements and considerations in the actual execution of an electronic search are specified. Procedures and conditions through which ES evidence can be challenged are detailed, as are issues in the disclosure, use, and admissibility of surveillance records under Title III. Criminal penalties and civil remedies for illegal ES also are discussed. Finally, provisions and constitutional challenges to the Foreign Intelligence Surveillance Act of 1978 are examined. The text of Title III is appended. Chapter footnotes, table of cases, and index.