2007-08-29 13:03:07 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If the wiretapping is conducted in conformance with applicable law, then yes. Warrants are the most common requirement, but some laws (see Title III of the Omnibus Crime Control Act, as well as FISA) do not require warrants.
If the wiretapping is conducted in violation of applicable law, then no. Just like any other method of gathering evidence.
Currently, under federal law, no warrant is required to tap any phone in the US, even to gather evidence against US citizens, as long as the law enforcement officials can make a claim that they are attempting to gather info on someone overseas as the "target" of the investigation.
It remains to be seen whether that law is constitutional.
2007-08-29 13:10:05 · answer #1 · answered by coragryph 7 · 0⤊ 1⤋
in some case's they can be, I believe it follows under the FISA act. and it also depend's on the State too. Now I understand that what was just past through Washington for Home Land security gives them unlimted access to computer and phone conversations "I understand this is a temporary situation a sort of testing international reasons. I , can also tell you that when your being taped in some States it can be used ,,, especially when your a lawyer one must always tape , my problem is at times where do those tapes go when they are needed,, one must then question their Lawyer. again sorry for the typos
2007-08-29 13:41:05 · answer #2 · answered by aprilmacfadden 3 · 0⤊ 1⤋
if there was a warrant in place, absolutely.
If there was no warrant in place, absolutely not.
If the conversation was recorded in violation of state or federal "wiretap" laws (usually involving the consent of one or both parties, and/or an audible beep), no.
2007-08-29 13:07:39 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Gathering evidence for what? For vigilante justice, any evidence gathered is fair game. Go with vigilante justice. Smash your enemies!
2007-08-29 13:14:25 · answer #4 · answered by Anonymous · 1⤊ 0⤋
providing there was a warrant, or i guess now one is not needed, issued before the tapping occured.
2007-08-29 13:37:59 · answer #5 · answered by Pretty_Trini_Rican 5 · 0⤊ 1⤋
depends on who did the tapping...and what the situation was...you should contact a lawyer and explain the situation....they will have th ebest advice
2007-08-29 13:07:25 · answer #6 · answered by tee_girl 3 · 0⤊ 1⤋