How/When the Government Can Get a Wire Tap

Wiretapping is a form of electronic surveillance that plays a critical role in criminal investigations. Wiretapping uses covert means in order to intercept, monitor, and record private telephone conversations and is normally done through a government informant/employee recording conversations. It is done without revealing the presence of government listening devices. This is most commonly used in investigations, specifically for organized crimes. These conversations can reveal the extent of the crimes being committed and the scope of the criminal organization. Wiretapping is also used to expose participants, potentially a series of conversations, and meetings which can lead to the potential prosecution of suspects.

Wiretapping has been an extremely controversial topic because many feel that is a violation of constitutional rights, specifically the fourth amendment, which is a person’s right to be free from unreasonable governmental searches and seizures. Although the people feel that their rights are being violated, the Supreme Court has found time and time again that wiretapping is in fact not a violation of the fourth amendment.

According to On Lee v. United States (1952), wiretapping is not a violation of the fourth amendment. This set a major precedent for future cases because when a new case came to light with case facts, the courts would refer back to this case. Since the ruling, there have been other cases that changed the general legislation but have still come to the overall conclusion that wiretapping is constitutional. There are many landmark cases that have taken place throughout the years, and it is still up for a solid debate even today.

In order for the government to wiretap, they must obtain a warrant first. This is to keep the actions legal and still constitutional. In order to obtain a warrant, there must be probable cause to justify a search, describe the conversation to be intercepted, and an anticipated time period for the requested surveillance. As far as other searches and seizures go exigent circumstances may potentially be grounds for the government to bypass obtaining a warrant. These circumstances would be if there is a life-threatening situation or a threat to national security.

In 2001, the Patriot Act was enacted. This was to protect the United States by allowing law enforcement to use surveillance against crime of terror. This would allow government to potentially wiretap anyone of suspicion in this country.  This is still controversial but is how government justifies wiretapping. The government is permitted to use this strategy and has continuously been granted the right to do so because it is necessary to ensure the greatest good for the greatest number of people. 

Your Bucks County criminal lawyers will have to fight and challenge the validity of the warrant and/or the extent of the wiretap.  It is an exhaustive process that is typically done after receipt of discovery and during pre-trial motions to suppress.  

Overall, government wiretapping is a commonly used form of electronic surveillance. It is permitted because it has been found to not be a violation of the fourth amendment or any other constitutional rights. This will remain being an extremely controversial issue to many Americans, however it is still legal and actively occurring.