Question

What seven items must a wire-tap application include? In detail, describe why each item is necessary.

Answer 1

Note: This response is in UK English, please paste the response to MS Word and you should be able to spot discrepancies easily. You may elaborate the answer based on personal views or your classwork if necessary. This response is in point form so as to be concise.

(Answer) In the year 1978, the Foreign Intelligence and Surveillance Act or FISA was a federal law that established regulations and procedures for surveillance. “Wiretapping” was one method that this act entailed.

The legal requirements are based on two pieces of federal

Legislation - The Omnibus Crime Control and Safe Streets Act. Both are commonly known as “Title 3.”

The applications for “Wiretapping” are based on the regulations outlined in Title 3.

1. Investigation of the law enforcement officer and the high-level legal authority who will authorise the application.

Reason – This is to make sure that there is no partiality in the arrangement or personal interest.

2. The dynamics and facts of the case should justify the application.

Reason – It would be illegal to authorise the right to wiretap if there was no need to violate the privacy of the individual under investigation.

3. Checking the results of other procedures.

Reason – the authorities would check for other procedures and only if they have failed or would be too dangerous to apply, the wiretapping application is justified.

4.Period of interception.

Reason – when an application mentions a certain period of interception and the goal is not achieved, there could be a 30-day extension upon re-application.

5. History of previous applications.

Reason – It is important to know about previous applications and the facts that concern the previous pursuits for the suspect. This would help with the present application and could guide the navigation of the case.

6. Reasons for extensions if any.

Reason – if at all there is an extension to be applied for, there needs to be a valid reason for doing so and it will be investigated

7.Formal termination.

Reason – Upon accomplishing the task or end of surveillance period, the application would need to be formally terminated in the court. This would avoid the mixing up of extraneous court formalities in the case.

 (Source: WIRETAP LAWS AND PROCEDURES - WHAT HAPPENS WHEN THE U.S. GOVERNMENT TAPS A LINE)