What are the rules governing federal wiretaps?

Federal wiretaps, also known as wiretapping or electronic surveillance, refer to the interception of phone conversations or other communications without the consent of one or both of the parties involved. In New York, federal wiretapping laws are regulated by 18 U.S. Code § 2510, which requires law enforcement to obtain a court order before intercepting communications. In order to grant a court order for a federal wiretap, a judge must find that there is probable cause to believe that the intercepted calls or other communications will provide evidence of a felony violation of federal law. The judge can also issue a wiretapping order if they reasonably believe that it is necessary to protect against a potential danger to national security. The court order must specify the type of communication to be tapped, the person or location to be monitored, the duration of the suspected criminal activity, and the duration of the surveillance. If the court order is granted, the wiretapping activity must begin within a reasonable period of time, but must not exceed 30 days. Federal wiretapping also requires law enforcement to make an on-going report about the information they have gathered. All reports must be known to the court. In some circumstances, the court may order a law enforcement agency to limit the interception of communications or require the agency to terminate the interception. Federal wiretapping can be a powerful tool for law enforcement to investigate a wide range of offenses, though it must be used within the scope of the law. Any legal questions regarding wiretapping should be directed to an experienced attorney.

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