How can law enforcement use Title 3 of the Wiretap Act?

Question

Wiretap Act Title 3

Answer 1

There are two sources of authority for wiretapping in the US.

(1) The Federal Wiretap Act, sometimes referred to as Title III, was adopted in 1968 and expanded in 1986. It sets procedures for court authorization of real-time surveillance of all kinds of electronic communications, including voice, e-mail, fax, and Internet, in criminal investigations. It normally requires, before a wiretap can commence, a court order issued by a judge who must conclude, based on an affidavit submitted by the government, that there is probable cause to believe that a crime has been, is being, or is about to be committed. Terrorist bombings, hijackings and other violent activities are crimes for which wiretaps can be ordered. (The PATRIOT Act expanded the list of criminal statutes for which wiretaps can be ordered.) This authority is used to prevent as well as punish crimes: government can wiretap in advance of a crime being carried out, where the wiretap is used to identify planning and conspiratorial activities.

(2) The Foreign Intelligence Surveillance Act of 1978 allows wiretapping of aliens and citizens in the US based on a finding of probable cause to believe that the target is a member of a foreign terrorist group or an agent of a foreign power. For US citizens and permanent resident aliens, there must also be probable cause to believe that the person is engaged in activities that "may" involve a criminal violation. Suspicion of illegal activity is not required in the case of aliens who are not permanent residents - for them, membership in a terrorist group is enough, even if their activities on behalf of the group are legal. The most important judicial opinion interpreting FISA is from a special appellate panel: In re Sealed Case at http://www.cdt.org/security/usapatriot/021118fisa.pdf

When you generalize the term "law enforcement" it makes it difficult to answer your question IF the "law enforcement" term represents the "local authorities."

You will seldom see "local" authorities engaged in wiretapping as this is more difficult than the general public is aware.

The use of wiretaps for counter intelligence and criminal activity directed by terrorists requires quite a bit of justification and not just some quick sweep of a magical wand.

Best wishes.

Answer 2

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How can law enforcement use Title 3 of the Wiretap Act?
Wiretap Act Title 3